A very long, despairing post

Gingernutty

FatVonD wrote: »

What the heck has it got to do with her, she's not even a beneficiary??!

Tell her you will instruct the solicitor directly with your wishes.

She lives there, she has a vested interest, I suppose.

What got me was the 'agreement' of five years we are all supposed to have made.

WE didn't. Brother 1 took up the instalments plan, Brother 2 and I agreed.

I thought it might buy us time to get the properties ready for sale and I don't know what Brother 2 was thinking (other than the last minute preparation for leaving the country in the following few days).

I am prepared to wait - the preparation and sale of two expensive properties is going to take some time - but not the 5 years I finally realised Brother 1 was expecting to live there for.

They have settled in and made themselves right at home - as well as working on the house.

As I stated, the house was in a dated and fairly horrible state when Dad moved into the nursing home - Brother 1 has worked extremely hard and has raised the value considerably.

But....it's two to one against - Brother 2 isn't prepared to wait 5 years either.

I haven't heard from the solicitor since she asked us to pony up the £13,000......

londonsurrey

Gingernutty wrote: »

I have just received an email from Brother 1's wife telling me 'politely' to back off.

I'm putting too much pressure on them and there have been dire medical consequences.

As far as she knew there was going to be 5 years in the house and we've "u-turned" on our "agreement" made at the solicitors.

And she's not going to go into any other correspondence on the matter so there's no point replying.

I forwarded it to Brother 2 instead. Pffft! :mad:

It's funny how putting pressure on you to give them what they want isn't considered bad.

Anyhow, if Brother 1 is so fragile that this has resulted in dire medical consequences, it just shows how untenable the scheme they propose is, as it really does pivot on him getting the work done, and he's already cracked, before the deal's even signed, let alone him being exposed to all that work, project management and negotiation! They're scarcely selling it as a gold clad deal now, are they?

Gingernutty

Gingernutty wrote: »

I have just received an email from Brother 1's wife telling me 'politely' to back off.

I'm putting too much pressure on them and there have been dire medical consequences.

As far as she knew there was going to be 5 years in the house and we've "u-turned" on our "agreement" made at the solicitors.

And she's not going to go into any other correspondence on the matter so there's no point replying.

I forwarded it to Brother 2 instead. Pffft! :mad:

londonsurrey wrote: »

It's funny how putting pressure on you to give them what they want isn't considered bad.

Anyhow, if Brother 1 is so fragile that this has resulted in dire medical consequences, it just shows how untenable the scheme they propose is, as it really does pivot on him getting the work done, and he's already cracked, before the deal's even signed, let alone him being exposed to all that work, project management and negotiation! They're scarcely selling it as a gold clad deal now, are they?

She didn't specify if it was her or him going to the doc's. I was deeply unimpressed, but as she isn't going to talk to me further, I can't take it up with her.

I'll see what Brother 2 has to say about this. She may have even sent him a similar email.....

EDIT : I've re-read the email and it's her, not Brother 1 going downhill.

notisis

Sorry Ginger but you really need an independent solicitor who specialises in this sort of field to give you advice separate from the estate. Maybe your brother in Oz could do the same. I really don't think your nearly retired chap in Haywards Heath is up to the task. Once you have your own personal advice from a solicitor wherever (whether that's Liverpool, sheffield or Bridgend etc) then you'll be in a better position to either instruct the Haywards Heath solicitor or suggest to your co-executors to engage another better versed in estates of this complexity. Your Brother 1 is in a dreamworld and needs someone with authority to spell out the situation unless of course you and your Oz brother are minded to enter into some form of Deed of Variation and come to an arrangement re Inheritance Tax & CGT. But whatever you as a family agree, you really need a decent solicitor versed in this sort of scenario. Good luck.

Buffythedebtslayer

Any updates Gingernutty?

I hope your solicitor sets Brother one straight. So difficult dealing with family.

impossible at times xxx

Gingernutty

The solicitor we've started off with seems to have retired entirely and left the matter in the hands of a colleague.

We got an update from her and she's engaged a surveyor and valuer for the house and the flat.

The flat is complicated by the short lease owned by the leaseholder (our flat holds the freehold).

She also stated that there's a bout £4000 in the account.

There should be about £6000.

Brother 2 (the one in Australia) wrote to the solicitor and asked why.

They've helped themselves to £2000 to pay the initial solicitor and the deadline is the 30th not the 3rd, as we were intially told.

There is a random life insurance policy from the Co-Op which should pay about £1200 - that came totally out of the blue. I suspect Brother 1 was hoping it would pay out more than that.

As for Brother 1 - nope - not heard a word since he told us about the insurance policy.

Brother 2 is in Australia and is in no position to do anything and I'm too skint to engage a solicitor of my own, so Brother 1 is, frankly safe at the moment.

I've tried, in earlier emails to impress upon him the need to sell quickly - in these austerity budget years, CGT will, more than likely go up, but this 5 year plan thing of his seems to have been planned for some time.

He's hunkered down and ain't budging.

B*stard.

meritaten

gingernutty - you have been more than patient IMHO. The properties have to be sold under the terms of the will - you and Bro 2 dont want this 'five year plan' - so for gawds sake instruct the solicitor to go ahead with the sale! Bro1 will just have to live with it! why should you and Bro2 miss out because Bro1 lives on a different planet? Grow a thicker skin hun, because house prices can go down instead of up and there are no guarantees you wont come off worse in five years or even two years!
Sell now - while people still think that house prices are a bargain - even if the house is in a state.

Buffythedebtslayer

I don't know much so this may be wrong!

BUT

The solicitor who is now working for you - but who you guys can't pay, is there any way she would sell the house (or what ever it is she has to do) and take payment from the sale? or the estate??

Ok I can hear people laughing!

Just a thought

Another thought......is there any chance you could get legal aid?

Can brother 2 in Australia take a loan to pay the solicitor?

All long shots I know.

take care of yourself and keep posting. There has to be a way to get your toad of a brother out.

xxx

gravitytolls

This might be totally mad, but.....

How 'bout you email bro1 and his delightful missus, stating that your financial difficulties have made you ill, you've had to take time off work, your financial difficulties have increased.....If you don't get some cash soon, you will be facing bankruptcy... Which must surely impact on the two properties, as you own a third share of each.

Would the fear that he and his family may be booted out by bailiffs shift him any?

Gavin83

I honestly don't see where the difficulty lies here. Instruct the solicitor to sell the properties, they'll have to do this as stated in the will. The solicitor represents the estate not your brother.

If your brother complains just say you would have discussed it with him but his wife specifically told you not to. If he seems surprised send him a copy of the email.

I wouldn't mess about waiting for the house to be done up, if your brother is in charge of this he'll likely take as long as possible over the whole thing.

Also if you make it clear you want a quick sale you may be able to draw up some sort of agreement with the solicitor for them to take their fees from the sale.