Probate, a house and a difficult sibling

Miss_underztood

I need some advice and I will try to explain the situation as best I can. My mother died a few weeks ago. She did not leave a will and we are currently going through probate. There are 3 children. I lived at home with our mum and cared for her in her last year, child 2 and 3 not lived at property for close to 20 years. The house is mortgage free and no debts. I am currently living in the house and all bills changed to my name. The aim is to change the house into our 3 names and probate will do this for us. Our mum's wishes was for the house not to be sold, it took her years to free the house from debts and the mortgage after she divorced our dad and once finally all paid off she then started to become ill and she didn't get to enjoy the house being paid off etc (as long as I can remember she couldn't wait to finally pay off the mortgage and debts left to her by our dad), so because of this 2 of us want to respect her wishes and not sell the house. The 3rd child agreed to this and was happy for this to happen. Recently we have been informed by the 3rd child that they expect the house to be sold eventually and they have also questioned the fact I will be living there rent free. So my question on this part is can he request rent to be paid, I personally cannot afford to pay rent and child 2 does not want any rent so can child 3 request and make me pay just them rent. Second query I need help on I may actually answer my own question. Can child 3 make us sell the house if myself and child 2 do not want to sell. A probate specialist told us he would need to get a solicitor involved and would have to fight myself and child 2, which could be a long and expensive progress. Child 3 is estranged from the family due to causing a lot of problems over many many years and lives away from the family. He did not even attend her funeral. He is very money minded and we expected this to be honest but we did not expect it so soon after her death, we made the mistake of telling child 3 how much money our mother potentially left and since then they have started with all this. Now we know the process of probate is roughly 6 months and child 3 is the reason we went to probate as he would start accusing us of robbing him etc and we want to do everything by the book. Changing the house into our names more likely will be done towards end of probate. I have told child 3 I aim to buy him out but I cannot start this process until the house is in our joint names or can I get a mortgage now and try and buy him out before the names are changed and then just get mine and child 2's name on deeds.
I really hope I have explained it enough but does anyone have any help or advice or similar experiences. Thank you in advance

Yorkshireman99

Miss_underztood wrote: »

I need some advice and I will try to explain the situation as best I can. My mother died a few weeks ago. She did not leave a will and we are currently going through probate. There are 3 children. I lived at home with our mum and cared for her in her last year, child 2 and 3 not lived at property for close to 20 years. The house is mortgage free and no debts. I am currently living in the house and all bills changed to my name. The aim is to change the house into our 3 names and probate will do this for us. Our mum's wishes was for the house not to be sold, it took her years to free the house from debts and the mortgage after she divorced our dad and once finally all paid off she then started to become ill and she didn't get to enjoy the house being paid off etc (as long as I can remember she couldn't wait to finally pay off the mortgage and debts left to her by our dad), so because of this 2 of us want to respect her wishes and not sell the house. The 3rd child agreed to this and was happy for this to happen. Recently we have been informed by the 3rd child that they expect the house to be sold eventually and they have also questioned the fact I will be living there rent free. So my question on this part is can he request rent to be paid, I personally cannot afford to pay rent and child 2 does not want any rent so can child 3 request and make me pay just them rent. Second query I need help on I may actually answer my own question. Can child 3 make us sell the house if myself and child 2 do not want to sell. A probate specialist told us he would need to get a solicitor involved and would have to fight myself and child 2, which could be a long and expensive progress. Child 3 is estranged from the family due to causing a lot of problems over many many years and lives away from the family. He did not even attend her funeral. He is very money minded and we expected this to be honest but we did not expect it so soon after her death, we made the mistake of telling child 3 how much money our mother potentially left and since then they have started with all this. Now we know the process of probate is roughly 6 months and child 3 is the reason we went to probate as he would start accusing us of robbing him etc and we want to do everything by the book. Changing the house into our names more likely will be done towards end of probate. I have told child 3 I aim to buy him out but I cannot start this process until the house is in our joint names or can I get a mortgage now and try and buy him out before the names are changed and then just get mine and child 2's name on deeds.
I really hope I have explained it enough but does anyone have any help or advice or similar experiences. Thank you in advance

Since your mother died intestate then an application for letters of administration will have to be applied for. In the absence of agreement of the three then the house sale can be forced by child 3. It would only long winded and expensive if you chose to fight him. It is unlikely that you would win.

Sea_Shell

Firstly, Sorry for your loss.

Taking the emotion away from the situation.....the 3rd sibling is due 1/3 of your late mothers estate (including the house).

As there was no will, her 'wishes' that the property not be sold, aren't protected as they could've been if written into a will.

which of you has applied to be "Administrator" of the estate. As, AFAIK, it would be up to them to ensure that the estate IS distributed in accordance with Intestacy rules.

If you don't, yes, I think Sib 3 can pursue it though the courts (at their own expense), but in their eyes, depending on the £££ at stake, they may well do.

unforeseen

And they would also probably be within their rights to demand rental from you while you occupy it

SevenOfNine

My condolences, when a beneficiary sees £££ before their eyes greed takes over from grief, sadly all too common.

TBH you may be asking rather a lot given that sibling 3 is estranged, you mention that you aim to buy him out, how will you pay a mortgage if you cannot pay rent?

Sadly, unless you want an expensive legal battle you're likely to lose, you're left with little choice but to give sibling 3 his 'share'. In the meantime there's nothing to stop you making enquiries about your chances of even obtaining a mortgage based on your income.

jackieblack

Miss_underztood wrote: »

I need some advice and I will try to explain the situation as best I can. My mother died a few weeks ago.

Sorry for your loss

Miss_underztood wrote: »

She did not leave a will and we are currently going through probate. There are 3 children. I lived at home with our mum and cared for her in her last year, child 2 and 3 not lived at property for close to 20 years. The house is mortgage free and no debts. I am currently living in the house and all bills changed to my name. The aim is to change the house into our 3 names and probate will do this for us. Our mum's wishes was for the house not to be sold,

Unfortunately, as she didn't make a will this has no legal relevance

Miss_underztood wrote: »

it took her years to free the house from debts and the mortgage after she divorced our dad and once finally all paid off she then started to become ill and she didn't get to enjoy the house being paid off etc (as long as I can remember she couldn't wait to finally pay off the mortgage and debts left to her by our dad), so because of this 2 of us want to respect her wishes and not sell the house. The 3rd child agreed to this and was happy for this to happen. Recently we have been informed by the 3rd child that they expect the house to be sold eventually and they have also questioned the fact I will be living there rent free. So my question on this part is can he request rent to be paid,

Yes

Miss_underztood wrote: »

I personally cannot afford to pay rent

So how will you pay a mortgage?

Miss_underztood wrote: »

and child 2 does not want any rent so can child 3 request and make me pay just them rent.

Yes

Miss_underztood wrote: »

Second query I need help on I may actually answer my own question. Can child 3 make us sell the house if myself and child 2 do not want to sell. A probate specialist told us he would need to get a solicitor involved and would have to fight myself and child 2, which could be a long and expensive progress.

Yes, this is correct and it will be expensive for both sides

Miss_underztood wrote: »

Child 3 is estranged from the family due to causing a lot of problems over many many years and lives away from the family.

Miss_underztood wrote: »

He did not even attend her funeral. He is very money minded and we expected this to be honest but we did not expect it so soon after her death, we made the mistake of telling child 3 how much money our mother potentially left and since then they have started with all this.

Irrelevant that he is estranged and, as a 1/3 beneficiary, he has the right to know the value of the estate

Miss_underztood wrote: »

Now we know the process of probate is roughly 6 months and child 3 is the reason we went to probate as he would start accusing us of robbing him etc and we want to do everything by the book. Changing the house into our names more likely will be done towards end of probate. I have told child 3 I aim to buy him out but I cannot start this process until the house is in our joint names or can I get a mortgage now

You can try. Do you have an income? You have stated you can't afford to pay rent

Miss_underztood wrote: »

and try and buy him out before the names are changed and then just get mine and child 2's name on deeds.
I really hope I have explained it enough but does anyone have any help or advice or similar experiences. Thank you in advance

I would start making enquiries regarding whether you could get a mortgage asap as, unless you can buy your brother out using savings and/or inherited cash, the answer will be pivotal to resolving your ability (or not) to retain the house.

Keep_pedalling

You really should not drag this out, otherwise it is going to cause problems with your siblings for years to come. Once you have letters of administration bite the bullet and put the house up for sale, and hopefully your share will be sufficient to get you a small place of your own

Your sibling is not being difficult, they simply want access to their share of the estate, and, sorry if this sounds harsh, the fault here lies entirely with your mother, if she wanted it to remain in the family with you being able to live there she should have made a will, either leaving it to you outright or giving you a life time interest.

Robin9

.................... " if she wanted it to remain in the family with you being able to live there she should have made a will, either leaving it to you outright or giving you a life time interest."

True but difficult to word when one of the siblings wants / needs the money.

Yorkshireman99

Robin9 wrote: »

.................... " if she wanted it to remain in the family with you being able to live there she should have made a will, either leaving it to you outright or giving you a life time interest."

True but difficult to word when one of the siblings wants / needs the money.

Dragging it out will simply mean that the OP receives less money.

Keep_pedalling

Robin9 wrote: »

.................... " if she wanted it to remain in the family with you being able to live there she should have made a will, either leaving it to you outright or giving you a life time interest."

True but difficult to word when one of the siblings wants / needs the money.

Not really if the OP is much worse off than their siblings because they were their mother's career, then she should have protected her career by making a will, not to do so was totally irresponsible, but unfortunate more than half of adults in the UK fail in this most simple responsibility.

Yorkshireman99

Robin9 wrote: »

.................... " if she wanted it to remain in the family with you being able to live there she should have made a will, either leaving it to you outright or giving you a life time interest."

True but difficult to word when one of the siblings wants / needs the money.

The last sentence is simply untrue. Any compeent solictor could draft a will to have the desired effect. Such a will needs to spell out the responsibility for maintenance by the occupant and a clear procedure for evicting them if they fail to comply. Also the possibilty of selling the house and buying a smaller more suitable property should be allowed.This may sound harsh but it is the best way to ensure that the interests of all parties are protected.