Need to sell Father's house, brother won't vacate.

HB58

The house needs decluttering but it is difficult to know what belongs to brother so it really has to wait until he has gone. I think we are more likely to find a buyer when he has gone.

TBH, he had outstayed his welcome with Dad and was taking the proverbial. There is no way Dad would have wanted him there indefinitely. Having lived rent free for some months, he should be able to manage financially but we have offered to loan money if a deposit is needed. We were told to mind our own.

Jimbo29

HB58 wrote: »

I am sole executor.

No, brother has never paid rent (I have been careful not to charge any as I don't want to establish a tenancy!) There is no written agreement.

We have never been close, at the moment I don't care if we never speak to each other again!

ps The will states that the house is to be sold and the estate divided equally between the beneficiaries.

That seems a very sly and vicious thing to do to a family member. Sounds like you can't wait to get your hands on the money to be honest.

Kynthia

Jimbo29 wrote: »

That seems a very sly and vicious thing to do to a family member. Sounds like you can't wait to get your hands on the money to be honest.

It's the OP's responsibility to carry out the terms of the will which is their Father's wishes. They have to put aside their own personal feelings and that of their brothers in order to do best by their father and all of the beneficiaries. Their father wished their property to be sold and funds shared between all three children. The OP is trying to do this and look after their other sibling too.

I can't see how not changing the residential status of the brother is sly and vicious. I would suggest that the responsibility of being someone's executor is not a role for you.

Argghhh

maybe its a sly thing not to even try and find somewhere else to live so that the other 2 beneficiaries can get their dues

Jimbo29

Kynthia wrote: »

It's the OP's responsibility to carry out the terms of the will which is their Father's wishes. They have to put aside their own personal feelings and that of their brothers in order to do best by their father and all of the beneficiaries. Their father wished their property to be sold and funds shared between all three children. The OP is trying to do this and look after their other sibling too.

I can't see how not changing the residential status of the brother is sly and vicious. I would suggest that the responsibility of being someone's executor is not a role for you.

You sound about as shallow and irresponsible as the OP.

Kynthia

Jimbo29 wrote: »

You sound about as shallow and irresponsible as the OP.

In what way?

Laurensalive

Maybe he is too lazy to find somewhere else to live. As the house needs de cluttering, I would tell your brother this. If I clear this house I will only end up throwing some of your items out, this means you will have to do it. If this does not work you might have to be really blunt. Is this a case of a lazy male?
Best of luck with this one.

HB58

It is my responsibility to carry out the wishes of my father. He wanted the house sold and proceeds distributed equally. If he had wanted my brother to continue living in the house, he would have said so, we had time to discuss this kind of thing before he died. How is that 'vicious' or irresponsible?

lonestar1

Well it sounds like you need to discuss when hes moving out, perhaps try approaching things from a Bills POV say if he moves out in couple of months its not worth putting utils and council tax in his name but if he feels it may be longer he needs to start paying them. No more free ride may kick him into gear

Keep_pedalling

Jimbo29 wrote: »

You sound about as shallow and irresponsible as the OP.

The OP would be irresponsible if like you he did not take the responsibility of being the executor of his father's estate seriously. He has a legal duty to carry out that duty and make sure all beneficiaries get their lawful inheritance. If one of the beneficiaries is blocking that process then he need to sort that person out. There may be Inheritance tax to pay and HMRC are not going to wait for this person to move out to get their money.

Hopefully this can be solved through negotiation. If for example there are substantial cash assets held within the estate then some could be advanced to the brother as an interim payment to allow him to rent somewhere else, while the house is sold. If not then the OP needs to take a hard line.