My sister had the gardens landscaped and generally maintained the house over the last 18 years.
She’s been living there generally rent free apart from finishing off the parents mortgage which was for about 3 years of 300€ a month after the passing of our dad in 1999.
I’m peeved as my family are being punished because i had moved out of the family home before our dad passed and made a life. I’m married with 4 kids and times are tight for everyone. We could really do with the cash from the house sale.
Your interest in the value of the property only really matters from the point that you inherited the property.
If this is the case you would presumably say the same to his sister.
... you can show how you added value to the property yourself.
I don't really see the point in the speculative replies here, trying to make a case for the sister.
All advice welcome.
Her issue, if she has one, is with her late mother; the OP didn't write the will.
Whether or not the sister paid the mortgage for a period or added value to the property is completely irrelevant.
The mother left each child a 50% share in her estate and the executors of the will have a legal obligation to apply the proceeds of the estate in accordance with her wishes.
If the brother subsequently decides to make a gift to his sister (which would be taxable) that's his prerogative but it has nothing to do with the application of the mother's estate.
The terms and conditions of the 'rental' agreement between your parents and your sister are not really any of your business.
Absolutely, unless;
House maintenance, garden landscape, paying off mortgage for three years...stuff like that.
BSOne slight problem, "sister won't sell house" and he could really do with cash from house sale. This would indicate that the sister is under no obligation to sell.
BS
The sister is obliged, as a co-executor, to administer the estate in accordance with the terms of the will.
So, yes, she is under an obligation to facilitate the sale of the property - she has no discretion in this regard. The sister can be removed as a co-executor if necessary.
So, yes, she is under an obligation to facilitate the sale of the property - she has no discretion in this regard. The sister can be removed as a co-executor if necessary.
I think BS is hanging his hat on the mother having left the house 50:50, rather than directing it be sold and the proceeds divided 50:50.
Completely speculatively of course.
Same properties around the estate which have had refurb €620k approx, our house €520k....
I may have misunderstood the situation in the title "sister won't sell house", insofar as it implied that as a 50% holder, and perhaps occupant of the house, that the sister could prevent the sale.
Also the poster asks "...can I force her to sell up..."
I mistook this to mean that it wasn't straightforward.
My sister said to me that she doesn’t think the 50/50 split of the sale proceeds of the home is fair and has requested an extra €50k from my half.
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