Selling inherited house when sibling living in it

But it does have a bearing on the costs decision on an order for sale - unless she vacates the executor has to apply for an order for sale, which is heard in court, and has to take into account the resident sisters circumstances.

The court can decide to hand her the house outright (unlikely) a bigger share of the estate or a lifetime right to reside, or turf her out!

But once it goes "to law" the executor will be advised as to the outcome by the court, and that can usurp or more likely delay the action of the will, possibly for the resident sisters lifetime.

In reply to Lsquiggles
She also said her sister really loved and cared for her mum, putting her own life on hold for the last 5 years of their mothers life. She didn't trust anyone else to do the job like she did, which when you see the conditions of some residential homes (and I have) is understandable.

The mum isn't here now, but maybe the thought of being taken out of the family home and placed in care, or even having the intrusion of carers coming into her home three times a day, filled her with dread.

The will was made before the mum needed full-time care, which the sister provided. Maybe it would have been written out differently when circumstances changed. I think if the mum was still able to communicate in the last years, the family should get together and talk over what was said...if anything.

My own mum didn't make a will, she left me 2 letters, one contradicted the other in a couple of ways. I worked out (by her writing) which letter was written last and followed that one.

Sorry, but why should one child get everything and 2 nothing?!

Shes already been living like a teenager rent free for years in a house, which could potentially be argued as 'fair' due to her caring.

But she needs to stop acting like a spoilt brat, grow up and sort herself out. And if the place is in a tip and impacting the value, I'd be looking to see how to oust her sooner. I don't think she has any rights to be there now.

You sound nice.🙄

Its split 3 ways and fairly your sis is unreasonable not you.
You have a family a life of your own bills etc just because she cared for mum doesn't mean she is more entitled.
That situation was always gping to come to an end
You need a solicitor.

She sounds awful!

She's had the estate subsidising her for her entire life, why on earth should she get a larger share now?!

Being abusive shouldn't equal getting money off you.

I'd start talking about her paying rent to the other 2 of you- after all she's still benefiting out of the estate. What's 66% of the rental value?

Yes, let’s all be nice and kind and give our sisters our inheritance against the wishes of our mothers.

@NovemberMorn Yes, but she'd been financially supported by her parents for decades in a way that her siblings weren't. It was a lovely thing to care for her Mum, but in purely financial terms, her Mum had "prepaid" for that care over the years by enabling her DD to keep all of her salary for herself - imagine never having to pay for your housing and never paying a household bill - I'm also in my 50's and I don't think I know anyone who's been subsidized to that extent.

I agree that the OP and her brother should give their sister more time to come to terms with the situation, but she does need to face it and not expect them to continue subsidizing her the way her parents did. Either she buys them out of the house (I think she probably has the money) or she moves.

Read your updates, your sister sounds like a bully. I bet she has thousands in the bank, subbed from your mums income.
I can see why your mum left the property to all three of you now.
Id go through the motions of attempting to support her find housing informally, then mediation, keeping a paper trail so youve done everything in your power to support her before going to court for an order to sell.
Sorry for your loss op.

With over 20 years of FT work and no living expenses, she could have quarter of a million or more stashed away, plus all the interest she'll have accrued. It could be closer to half a million. I suspect that she could buy her siblings out of the house, she just don't want to part with the money - OP says that she was also reluctant to spend on their Mum so that would make sense

OP also said that the sister refuses to disclose what she has in savings, @BruFord, which perhaps isn't surprising if she's managed to save whatever-it-is at least partly by living for free

I wonder if she's considered that, if it comes to a legal case, she may be obliged to reveal this - at which point things may look somewhat different