Property transfer dispute

LeeDi · 21 September 2018

i have been living with my brother for one year awaiting settlement of my late father’s estate. My late fathers super, life insurance and shares are now in our solicitors trust fund but being held awaiting our instructions of transfer of property by our appointed solicitor. My brother initially indicated he could buy me out and has now changed his mind and wants the property transferred into both our names. He is very controlling as well and mentally abusive when things are not going his way. I cannot live here anymore.
Our solicitor informed us that he, either buys me out, agrees to sell the property or a sale could be enforced, which I am told is very time consuming and costly. We would also have to go through probate again and a court appointed executor would take over the distribution.
Any feedback would be appreciated.
I do have some savings but renting property is not cheap and I will also have to pay property bills in the meantime

DMLegal · 22 September 2018

Sorry I don't quite understand, what is your question exactly?

LeeDi · 22 September 2018

My question is that how expensive and how lengthy would an enforced salle be? My brother will not agree to either buy me out or sell the property. If I did agree to the demand of transferring the house to our names, I at least would get half the shares, Super and life funds that the solicitor is holding, but I no longer can reside with my brother and will be forced to rent. I am wondering if there is another alternative also? Thanks!

DMLegal · 23 September 2018

Unfortunately it really is a 'how long is a piece of string' type question. I have seen proceedings span for years, I have also seen settlements before any proceedings commence. I imagine the amounts involved in this matter are substantial. It would be improper of me, or anyone on a forum, to advise you of alternatives without knowing all of the facts etc. Sorry I cannot be of more help. All the best.

LeeDi · 23 September 2018

Thank you for your response!
I am hiring my own solicitor this week before I transfer property to our names, as I will be forced to rent whilst my brother lives in the family house

DMLegal · 23 September 2018

That would be your best bet, if any other general questions come up don't hesitate to post again. Best of luck with it.

Louise4007 · 27 October 2019

Hi Lee - Di

Assuming a will is in place, all children of the deceased, namely your father, are entitled to equal shares of the entire estate after your father's liabilities, if any, have been met.

In other words, if there are only the two of you, your brother and yourself, you are entitled to 50 percent of the entire estate including the shares. If there are more, then they too are entitled to their share.

In a nutshell, if no agreement can be reached between your brother and you, a forced sale may be the only fair answer and depending on all the underlying circumstances, of which I may not be aware of, a court appointed executor may be more appropriate. The executor must ensure that all proceeds of a deceased person's estate are dealt with in a timely manner and distributed to the correct beneficiaries.

Probate can be a lengthy wait but it is necessary to ensure the fairest and correct outcome is reached for each beneficiary.

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Property transfer dispute

LeeDi

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DMLegal

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LeeDi

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DMLegal

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LeeDi

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DMLegal

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Louise4007

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