stubborn brother re will (house sale)

[bethsmum]

my mother in law died last august,leaving my husband,his brother and the solicitor the excecitors to the will.The benefactors of the will are my husband,his brother and the local hospital.Her property has gone up for sale (there is no outstanding morgage),with no veiwings for 6 months,we had a veiwing last week and the vendor put an offer in,low at first but has reached an aceptable level in todays market.Myself and my husband are willing to accept this offer,the solicitor thinks this is a fair offer but my brother does not..he wants alot more.He is willing to hold onto the property for 4/5 years till the market picks up..but we can not afford to do this,is there a way to force him into accepting this offer....PLEASE HELP

[cassa333]

Have you asked the solicitor if you can force a sale?

[johnny37]

Not a legal answer but I am surprised that the solicitor has not adivsed you of your rights. I would suggest if your husband and the hospital own more than 50% then you can force a sale. Not sure who would sign the documents if the brother plays up but no doubt your solicitor can advise you on this. Even if you dont own a majority there must be legal options open to you.

[dzug]

You could also suggest the brother buys you out

[Barmaid]

At the risk of being hugely pedantic, if the estate is left as to the residue equally between your hubby, b-i-l and charity X, you don't own a share of the property at all. You have a "chose in action" to have the estate administered. IE this means, until the estate has been administered the only rights you have to enforce are to have it properly administered!!! (Yeah, makes perfect sense to me too)

What your hubby should do is take legal advice with a view to seeking directions of the court under CPR Part 64. The executors have a duty not to bring their personal views and their duties to the estate into conflict. The estate cannot be administered without the sale of the property, thus all sensible offers should be considered (in line with the executors duties to maximise the estate).

Best bit of advice is dzug - get one to buy the other's share of the estate out. Would save a whole load of hassle - although you can't force this.

[999]

hello?!?!?!?!?!?!

what do you mean you 'cant afford it'?

Does this mean you were relying on this inheritence? Does it mean you were counting on this woman dying so you could be financially stable?

Maybe you worded this thread wrong but it sounds horrible.

[Jenga]

I would recommend you left it till the market picked up. I know you said you need the money but the market is really bad at the moment. House prices are just starting to rise again so if you can leave it for now you will be better off in the future.

[baileybird]

was thinking the same thing 999

how would you have managed if mother in law had lived.

why not rent the house out until market improves?

[dot.hawkes]

If there is no mortgage on it and it has been empty for 6 months you have to start paying 50% of the annual council tax anyway, so get it rented out on a 6 months short term lease for a while and split the rent,

[bethsmum]

the property is a large one,and the council tax on it is very high(even at 50%)then there are insurances,matinence and general household bills...these are what we cant afford,and NO werent counting on this inheritance to make us financially secure...

[baileybird]

but how were such bills paid before your MIL died?
Surely these will have to be paid out of her estate before the settlement.
If you rent the house, other than insurance and maintenance, the tenant will pay the rest!
It the brother in law wants to hold out for more money why shouldnt he - I wouldnt be suprised if the hospital would accept the 1st offer as they are probably a charity and would want to do what is in the loong term best for them, which may be to hold out for more money.
I think you are in for a long wait!!!

[bethsmum]

the hospital is only getting a set amount,so the price we get for the house is irrelevent to them.

[johnny37]

As far as I can see there has not been one legal remedy suggested here. How is the estate to be divided? Your husband and the hospital will be part owners once the estae has been admninistered. I am not a porperty lawyer but I cannot believe that a minority owner can override the wishes of the majority. If it came to court he would have to have a pretty good reason for not wanting to sell. Talk to your solicitor!! And ask about potential legal costs.!