Will and living in dads house

Jeanie_84

Hi

I'm looking for a little advice regarding a situation with my brother.

I lived with my father and my young son in my fathers house for the past 6 years. My father was disabled and I also cared for him in the home.

Sadly he died recently and his will leaves the majority of his estate to me and the rest to my brother. My brother in recent estranged due to a bad relationship with my dad.

He came down to visit my dad but completely ripped into me in quite a vicious way. To be a point where the relationship is probably irreparable, despite moves I have made to fix any issues he may have.

I would like to stay in the house with my young son and give my brother any money for his percentage. How does this work and where do I stand? Can we be thrown out for example..

Thanks

Ms_Chocaholic

Sorry to hear about your situation.

You will need to give details of the Will and the ££ involved. What does the Will state in terms of what you get and what has been left to your brother. Is there enough cash to pay off your brother without you having to sell the house? If you have to sell the house, could you get a mortgage for the shortfall?

Jeanie_84

Ms_Chocaholic wrote: »

Sorry to hear about your situation.

You will need to give details of the Will and the ££ involved. What does the Will state in terms of what you get and what has been left to your brother. Is there enough cash to pay off your brother without you having to sell the house? If you have to sell the house, could you get a mortgage for the shortfall?

Thanks for the reply.

It states I get 80% and he gets 20%

I could raise the money I'm sure but that would take some time.

It's all very hard as I'm trying to mourn my dad but my brother is very focused on the money as there was no love lost between them. So any reasonable working together on this is out of the window.

Mojisola

Jeanie_84 wrote: »

I lived with my father and my young son in my fathers house for the past 6 years. My father was disabled and I also cared for him in the home.

Sadly he died recently and his will leaves the majority of his estate to me and the rest to my brother.

I would like to stay in the house with my young son and give my brother any money for his percentage. How does this work and where do I stand?

Jeanie_84 wrote: »

It states I get 80% and he gets 20%

I could raise the money I'm sure but that would take some time.

Are you the executor?

Time isn't a problem - it could take up to a year to get the estate sorted out.

You need to make sure that all debts are paid - you will probably be contacted by the DWP and they aren't quick to deal with any issues.

elsien

Who are the executors of the will?

Jeanie_84

Mojisola wrote: »

Are you the executor?

Time isn't a problem - it could take up to a year to get the estate sorted out.

You need to make sure that all debts are paid - you will probably be contacted by the DWP and they aren't quick to deal with any issues.

Thanks. We are both executors which is an added complication, as I can't see how we will work together. It's a shame as I do wish we could resolve any issues but he is rather irrational. Again I'm not what issues could happen with us both being executors but I gather there could be.

What kind of debts could there be? For example I paid all the bills, everything is in my name.

Thanks again

Ms_Chocaholic

You state the estate is split 80/20 but what proportion of the estate is the house?

Jeanie_84

Ms_Chocaholic wrote: »

You state the estate is split 80/20 but what proportion of the estate is the house?

It says the house is 80/20 and the same for other assets

Thanks

Ms_Chocaholic

Jeanie_84 wrote: »

It says the house is 80/20 and the same for other assets

Thanks

What I was trying to ascertain was how much cash assets are there? Say for arguments sake the house is worth £100k and you get £80k of that, if there's £20k in cash assets then that makes the division easily but if there's no cash assets you will have a shortfall.

I'm trying to help!

Keep_pedalling

Jeanie_84 wrote: »

It says the house is 80/20 and the same for other assets

Thanks

Sounds like a poorly thought out will, and a bad choice of executors, so this could be messy.

You can’t simply be thrown out. There are really only 2 options. You get the house and he gets the cash equivalent of 20% of the estate (after funeral costs, expenses and any IHT due) or you sell up split the estate 80/20 and you get yourself another home.

The first option is simpler for both of you and means your brother gets his inheritance relatively quickly, so hopefully he will agree to that, but people are not always that rational in these situations. He could also agree to hold his powers in reserve, meaning you could apply for probate on your own so you dont have to work together on this.

Do you have someone who could act as an honest broker between the two of you?

Jeanie_84

Keep_pedalling wrote: »

Sounds like a poorly thought out will, and a bad choice of executors, so this could be messy.

You can’t simply be thrown out. There are really only 2 options. You get the house and he gets the cash equivalent of 20% of the estate (after funeral costs, expenses and any IHT due) or you sell up split the estate 80/20 and you get yourself another home.

The first option is simpler for both of you and means your brother gets his inheritance relatively quickly, so hopefully he will agree to that, but people are not always that rational in these situations. He could also agree to hold his powers in reserve, meaning you could apply for probate on your own so you dont have to work together on this.

Do you have someone who could act as an honest broker between the two of you?

Thabks. It is messy and I have tried to rectify the situation.

There isn't really anyone to broker the situation, the only thing that comes mind is getting a solicitor to act on my behalf but that means paying out. I'm not sure if that's possible but emotionally I'm pretty drained so if an option maybe it's worth it.

I thought the simple route would be to just get the house valued and pay him off. When you say if he is unreasonable does that mean he can force a house sale?