Question
Hello,
I will present my situation and then see if you can advise me.
My parents own a property worth over £300,000, they were both listed on the land registry as owners. My father died 4 years ago, and my mum put my sister on the land registry as an owner of the property along side her.
My mum recently died, and she owed a few bills, and what she had in her estate is dealing with this. However, it is the property that has become an issue.
My sister refuses to sell the property and split the proceeds from the sale with myself and my brother.
Can we force her to do this, sell the house? It was my mum and dad’s wish that the 3 of us share in the sale of the house.
Thanks for taking the time to read this.
Jacob
Answer
Jacob,
I am sorry to hear of the loss of your mum. Having our parents die is always difficult.
You ask a good question, and one I been asked quite a few times over the years.
You are dealing with an estate issue, and also a legal issue, so I would advise you to seek legal advice.
When someone dies, their assets and property can fall into three categories:
- It has to pass through probate. This is a way to insure the deceased’s Will is adhered to.
- Insurance policies do not pass through probate, they go directly to the beneficiary.
- Any assets jointly held in another person’s name, becomes the property of that other person.
In this instance, it sounds as though since your sister is registered on the property, she is now the owner. As to her selling the property, and sharing the proceeds, that is where you need legal advice.
Unfortunately I have seen more than one family split up due to money, finances, and inheritances.
Regards,
Jon