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Legal matters

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Potential family dispute with our mother's estate

6 replies

BillER · 22/10/2022 06:48

Dear All,

I have 2 issues that I wanted to ask:

1.I lived with my mother in the family home (50:50 tenants in common) for over 20 years. She added my name to the title 7 years ago. After our mum's passing this year one of my siblings is saying that I have to pay backdated rentals due from our mother's estate. Is there any possible claim on this?

2.I am thinking of buying out my siblings so I can remain living in the house. We have had a number of probate valuations carried out so we know the value of my mum's estate (her only asset was the family home). Is the amount I pay to each of my siblings based on the probate valuation amount or is there another series of valuations needed?

Thanks for reading my issue and I hope to hear from you.

Bill

OP posts:
Changingplace · 22/10/2022 06:53

I don’t know legally on back dated rent but what have you been contributing financially since living there?

Was the house mortgage free by that point? Who has been paying the bills/upkeep of the house?

On probate, you need to do it through a solicitor who will guide you through the process, do you have someone dealing with it for you?

BillER · 22/10/2022 07:00

Thanks for the message. Yes the house has been mortgage free. I was contributing to bills/ upkeep but have no records that have been kept on this (apart from online bill payments etc). We have a firm of solicitors in mind and will start the process shortly.

OP posts:
ArcaneWireless · 22/10/2022 07:06

I’m sorry OP but one of your siblings is being grabby.

I just wanted to wish you well and I’m sorry about your mum. 💐

autienotnaughty · 22/10/2022 07:06

The house was your mothers, whatever arrangements you had re payments/costs were between you and her surely? It sounds like your sibling is trying to oust u out of the estate. I a not an expert nor do I have experience of this but I thought typically you get three valuations then negotiate based on that? Have you taken legal advice? Hopefully someone with experience will come along?

prh47bridge · 22/10/2022 10:01
  1. No chance.
  2. You need to agree a price with your siblings. The probate valuation is a good place to start.
CredibilityProblem · 22/10/2022 12:03

prh47bridge · 22/10/2022 10:01

  1. No chance.
  2. You need to agree a price with your siblings. The probate valuation is a good place to start.

As always, 47 is bang on the money. You'll have to negotiate price with your siblings, but it will be much cheaper and easier for them to sell directly to you than to anyone else.

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