Court Order to sell my late Mothers home.

andyd2012 · 25-03-2015 3:51pm #1

Hello, I’m new here and this is my first post.

In brief, my Mother died in 2009 and she left her house to me and my sister and she instructed that the property be sold and the proceeds be split with a % to my nieces and nephews. We were joint executors of the estate. My sister has lived in the property all her life and has continued to live there since my Mothers passing, rent free.

Probate was granted to allow for the sale however our relationship deteriorated and she no longer speaks to me. She subsequently contested the will via her own solicitor and this as only recently been resolved. My sister has stated on 5 occasions during the course of the last 6 years that she wishes to sell the property however when it comes to the crunch she will not cooperate. The property is now in a very bad state of repair. She hasn’t been maintaining it nor has she paid the property tax or insure it. My sister is on social welfare and was offered a house last year , which she declined.

The property is in a prime location and I can’t envisage it would be on the market for too long. I’m getting on in years and I don’t want my family losing out or having to fight my corner when I’m gone. My solicitor has indicated that the only option available to us is a court order. Can anyone shed some light on what this involves or would it even be worth our while?

coylemj · 25-03-2015 3:54pm

andyd2012 wrote: »

My solicitor has indicated that the only option available to us is a court order. Can anyone shed some light on what this involves or would it even be worth our while?

You have a solicitor, why didn't you ask him/her those questions?

What's the point in paying a professional for face to face advice and then going to a bunch of complete strangers to ask follow-up questions?

andyd2012 · 25-03-2015 4:01pm

In short, my solicitor is useless (apologies I left out that part) - I felt strangers advice who have been through the process may prove more beneficial!

Red Sheds · 25-03-2015 4:05pm

Go and get a better Solicitor, thats the best advice I can give.

obriendj · 25-03-2015 4:33pm

Whats the point in having a Legal Discussion forum if the only responses are to go get a solicitor and get a better solicitor.

He is only asking for a bit of advice from anyone who has had a similar situation.

ohnonotgmail · 25-03-2015 4:37pm

obriendj wrote: »

Whats the point in having a Legal Discussion forum if the only responses are to go get a solicitor and get a better solicitor.

He is only asking for a bit of advice from anyone who has had a similar situation.

this is not the place for legal advice. its against the charter

andyd2012 · 25-03-2015 4:40pm

ohnonotgmail wrote: »

this is not the place for legal advice. its against the charter

I'm not looking for legal advice, I'm asking if anyone has been through a similar situation

ohnonotgmail · 25-03-2015 4:40pm

andyd2012 wrote: »

ohnonotgmail wrote: »

this is not the place for legal advice. its against the charter

I'm not looking for legal advice, I'm asking if anyone has been through a similar situation

i was responding to another poster.

obriendj · 25-03-2015 4:41pm

ohnonotgmail wrote: »

i was responding to another poster.

I said the same thing.

billy few mates · 25-03-2015 5:03pm

Another interesting thread about to wither on the vine.....

Rachineire · 25-03-2015 5:03pm

Personally I think its time for a bit of tough love. She can't have her cake and eat it too. she either maintains the house, insures it and pays property tax or takes the council house. She is doing your mothers memory and final wishes a disservice with her attitude and refusal to take action.

What would you advise a friend to do in the same situation? or what would you have done if this wasn't your sister? probably already started down the court order route years ago.

househero · 25-03-2015 5:36pm

You have family issues. Dont drag a poor buyer in to them before you sort things out. You will just waste everybodies time and money, the only person who will win is the solicitor.

conorh91 · 25-03-2015 5:48pm

I've no competence in probate matters but it would probably be worth knowing the outcome of your sisters challenge to the will. You say this has been resolved, but to what effect?

From your sister's point of view, she is on social welfare, and if she's in Dublin, there is a major housing shortage. Furthermore, for whatever reason, this matter has apparently been languishing for up to six years, during which time she has resided in the property continuously. That has no strict legal repercussion, I'm just trying to tease out whether it's fair to put your sister out.

The law is on the side of the wishes of the deceased, but the extent to which the above factors affect you, and the extent to which the outcome of your sister's legal action affects the will, is something you have to discuss with a competent professional.

One thing is sure, such sensitive family disputes are matters which the courts look upon with marked reticence to intervene. It would be better for everyone if you could both come to a resolution amongst yourselves.

Turtyturd · 25-03-2015 6:51pm

If it's your only choice OP of course it's worthwhile. Sounds like your sister is being extremely selfish.

It can be expensive though as people I know were recently told it could cost 5 to 10 grand to get one, although they were also told that the party refusing to sell can be liable for the cost.

If you are going to pursue a court order I would contact your sister again a few times to try and sort things amicably (ask her to pay rent if she refuses to move etc) and keep a record of these attempts so you can show that you have tried and the court order is a last resort.

Yawns · 25-03-2015 7:05pm

I'm surprised if the council did offer her a house as she had no need to be housed as she was living in a house.

Marcusm · 25-03-2015 11:28pm

Yawns wrote: »

I'm surprised if the council did offer her a house as she had no need to be housed as she was living in a house.

A house in which she had no authority to live based on the original post. It is entirely conceivable that she satisfied the requirements for council housing.

hullaballoo · 25-03-2015 11:40pm

billy few mates wrote: »

Another interesting thread about to wither on the vine.....

I edited those posts because the quote tags were broken and it was confusing people. If you keep on bashing the moderators here, we're going to start bashing back at some point.

NUTLEY BOY · 26-03-2015 11:56am

Not legal advice, just a view of the general issue.

OP's sister is an executor. She is obliged to execute the wishes of the deceased. What OP's sister thinks or wants is irrelevant. The will determines what happens, not the executor.

I would be curious to know how the sister "contested" the will and resolved that issue. An executor cannot rewrite or renegotiate a will although I did one once see an executor try an imaginative interpretation of a will (it didn't work !).

By postponing the inevitable, the sister is causing a loss of value of the asset i.e. deterioration of the house. This is a loss to the intended beneficiaries - as envisaged by the deceased - and seems to be utterly unreasonable conduct.

I quite agree that the OP needs a new solicitor. If the sister has a solicitor a face to face meeting between lawyers and clients would be one hell of a lot more sensible than a legal dispute. If this matter was to be litigated there would be one victor but everyone would lose as the costs could be quite disproportionate.

The OP has an additional headache because as an executor he has intended beneficiaries waiting for their inheritance. Therefore, doing nothing is probably not an option.

In short, it is time to get tough and that is always unpleasant in a family conflict. However, people need to face their obligations and realise that other people have rights too.

Court Order to sell my late Mothers home.

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