Legal Advice Needed-Dispute Over Late Mothers House

G_M

I would still suggest going in to the house. If not to live or even stay, then to visit regularly. This makes clear your right to the property is equal to his right. And yes, use a locksmith if you have to. If he uses threats/denies you entry, to your house, call the police.

But it sounds like you will need to get a court order for the sale. He's clearly not going to buy out your shares. Nor agree to sell/leave. So you have only 2 options:
1) sell - for which you'll need a court order or
2) rent your share to him - and clearly you'll never receive any rent!

It is also almost certain that you are ALL commiting benefit fraud by not declaring your ownership. Benefits are not usually payable to peopke who have an asset like this especially if it is a 2nd home!

donkey1969

Op, can offer no advice, just wanted to say good luck and hope the anniversary is not too hard for you, I lost my mum 8 years ago and still miss her everyday, but anniversarys/birthdays/xmas are the worst x

GDB2222

1. The obvious thing to do is to talk to a few solicitors. As I understand it, you have no objection to paying fees, but they need to come out of the sale of the property. I would expect that eventually you will find a solicitor prepared to take the case on on that basis. It's just a case of banging on a few doors.

2. The alternative is to sell your share in the house (for a fraction of what your share is worth) to an outside investor, who will take on the third brother. I don't know how this would affect your benefit entitlement.

GDB2222

G_M wrote: »

I would still suggest going in to the house. If not to live or even stay, then to visit regularly. This makes clear your right to the property is equal to his right. And yes, use a locksmith if you have to. If he uses threats/denies you entry, to your house, call the police.

I'd be very cautious about this. You'd be committing a criminal offence if you tried to break in when brother is present, and the police would arrest you for sure. I'm not quite so sure about the position if he is out, but I wouldn't risk it.

Jeffrey_Shaw

Errata wrote: »

In that case, you and your 'good' brother should consider speaking to the Probate Office about having 'badf' brother removed as he is not acting in the best interests of the estate which he is legally required to do.

Sort-of. The Probate Registry cannot remove a trustee who refuses to act; but the other trustees can by Deed [s.36(1) of the Trustee Act 1925].

DebbsUK

I am not trying to commit any offence with regard to benefit, i just didnt know, what do i do now so stupid when it comes to this sort of thing.

poppysarah

DebbsUK wrote: »

Hi G_M, living there is not an option for myself or other brother as the one living there is too volitile and likes to throw his weight about.

Sometimes allowing someone to throw their weight around and breach the peace (with a handy recording made and police called) can do wonders for a situation.

Just a thought.

Why was he living in the house if she didn't want him to have anything?

DebbsUK

whats a badff?

Jeffrey_Shaw

DebbsUK wrote: »

whats a badff?

I imagine that's in an Americanism. You know the word that's politely rendered as 'melonfarmer' but begins 'mother'? This must be the 'brother' equivalent!

DebbsUK

I just dont know which solicitor I should go for have tried loads, none have helped, I might part own a house but have no money to pay these people, n I know if push comes to shove they will take alot of money from us. Solicitors I have contacted have said conveyand, some said litigation, no idea, what a numpty, an I consider myself quite intelligent, fall short with this.