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clairecmitch
Posts: 9 Forumite
Hi,
Although this is yet to happen, I am getting more concerned as time goes on.
My Mother is elderly and in poor health (heart defects) and I don't think she will be around much longer.
My parents sold approx. 50% of their property to equity release some 10 years ago.
My brother who is 52 years old has always lived at home (when he's not been in prison). He doesn't work, or claim benefits and lives off my Mother.
I am the sole executor of her will and we also have an LPA in place for when she can no longer manage her finances.
My concerns as to how things will pan out when she passes are many but mainly:
What if my brother refuses to get out of the house for it to be sold or get obstructive when anyone views it?
Will the equity release firm get involved and instruct a solicitor to get him out or will that be down to me or will I be unable to remove him at all?
Advice to help put my mind at rest would be appreciated.
Although this is yet to happen, I am getting more concerned as time goes on.
My Mother is elderly and in poor health (heart defects) and I don't think she will be around much longer.
My parents sold approx. 50% of their property to equity release some 10 years ago.
My brother who is 52 years old has always lived at home (when he's not been in prison). He doesn't work, or claim benefits and lives off my Mother.
I am the sole executor of her will and we also have an LPA in place for when she can no longer manage her finances.
My concerns as to how things will pan out when she passes are many but mainly:
What if my brother refuses to get out of the house for it to be sold or get obstructive when anyone views it?
Will the equity release firm get involved and instruct a solicitor to get him out or will that be down to me or will I be unable to remove him at all?
Advice to help put my mind at rest would be appreciated.
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Comments
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As Executer you can certainly use the courts to evict him - but i will be expensive.
The Equity Release company I imagine will get involved as they'll want the sale, and their money - have you access to the scheme documents? see what it says!
What does your mum's will say?
But to be honest, whilst it may seem morbid, as well as awkward, you might want to discuss his with your brother ahead of time, and see if he has thought ahead at all. Where does he expect to live in the long term?0 -
My parents sold approx. 50% of their property to equity release some 10 years ago.
I think you mean that your parents took a loan that is secured on the property and repayable on second death.
I would think the equity release company would take your brother to court to evict him, in the event he refused to move.
If he can show that he is dependent on your mother, he may be able to claim a large portion of any inheritance. He may also be able to claim some help from the council in finding accommodation. If he was no longer being funded by your mother, he may be entitled to benefits at that point (depending on the size of any inheritance).
If the equity release company do manage to evict your brother, I don't know how you would feel about supporting him. It seems some planning is needed.I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Thanks for your answers.
My Mums will states that her estate be split 50/50 between me and my brother.
She has not made any provisions in her will other than that. To be honest, she doesn't have a pot to p in other than the property.
Discussing this with my brother is not an option as I no longer wish to have communication with him due to his aggressive and frankly psychotic behaviour.
He has always been trouble and I can see huge amounts of trouble ahead.
I'm planning to move as soon as I can afford to as I don't want him knowing where I am once Mum has gone.
The fact that there will come a time when I am in control of Mums finances gives me sleepless nights as she pays for everything for him and I won't be prepared to do that once she is gone.0 -
clairecmitch wrote: »My brother who is 52 years old has always lived at home (when he's not been in prison). He doesn't work, or claim benefits and lives off my Mother.clairecmitch wrote: »My Mums will states that her estate be split 50/50 between me and my brother.
It's very likely that he would be given a much larger share than 50% because he is financially dependent on your mother if he challenged the will.
When the time comes, the best thing to do may be to walk away and let him and the equity release company fight it out.
If you take on the role of executor, you will have a lot of problems and upset and may come away with very little.0 -
Oh great! I hadn't even thought of that.
I doubt that he would challenge it as he's not particularly bright.
I guess he'd also get legal aid to do it!!
I'm seriously thinking as you say of removing myself as executor and cancelling the LPA as it will cause no end of grief and I know at some point the police will be called.0 -
clairecmitch wrote: »I'm seriously thinking as you say of removing myself as executor
You can't remove yourself as such - your mother would have to redo her will naming someone else but you can refuse to take on the role.
Normally someone else from the family would then apply.0 -
We have no other family and all mums friends are elderly.
I may ask her to look into making the bank of a solicitor the executor.
I've had grief and abuse from my brother all my life and this is really worrying me. Peace of mind is more important to me than finances.
Can I cancel the LPA?0 -
It's very likely that he would be given a much larger share than 50% because he is financially dependent on your mother if he challenged the will.
When the time comes, the best thing to do may be to walk away and let him and the equity release company fight it out.
If you take on the role of executor, you will have a lot of problems and upset and may come away with very little.
Take a look here:
https://www.wrighthassall.co.uk/knowledge/legal-articles/2013/04/01/inheritance-rights-adult-children/
Your bro has 6 months from date of probate to make his claim. On the bare facts you have stated, he may get awarded the whole lot - unless the house is very valuable.
You can decline to act as executor, but that does mean taking no steps in that direction at all.
"But you can only renounce probate if you haven’t intermeddled in the deceased’s estate. So if you are unsure whether you want to take on the role, you must not interfere in the affairs of the estate until you have decided to proceed."
http://www.lawpack.co.uk/probate/articles/article7428.aspNo reliance should be placed on the above! Absolutely none, do you hear?0 -
It's very likely that he would be given a much larger share than 50% because he is financially dependent on your mother if he challenged the will.
Out of interest - is this the case if the brother is only financially dependent because he is choosing not to work and refusing to claim benefits as the OP suggested? He does not appear to be disabled or incapable or being financially independent.0 -
It's very likely that he would be given a much larger share than 50% because he is financially dependent on your mother if he challenged the will.
Out of interest - is this the case if the brother is only financially dependent because he is choosing not to work and refusing to claim benefits as the OP suggested? He does not appear to be disabled or incapable or being financially independent.
The OP said he is psychotic.No reliance should be placed on the above! Absolutely none, do you hear?0
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