Will and living in dads house

Mojisola

Jeanie_84 wrote: »

But now I have no choice so have to just get on with it.

You don't have to rush anything.

Estates don't get settled and money distributed quickly except in very rare circumstances.

Where a house has to be sold or money raised to buy out another beneficiary, it could take months.

Margot123

Mojisola wrote: »

You don't have to rush anything.

Estates don't get settled and money distributed quickly except in very rare circumstances.

Where a house has to be sold or money raised to buy out another beneficiary, it could take months.

I recall from one of those 'bailiffs' TV programmes that they attended a property where the person living in it wasn't even in the will (albeit the girlfriend of the deceased)
They had been there 15 years after the person passed away, and it took all that time to get the court order.
So, I think, in your case it could take quite some time based on that.

Take some time out to grieve now, and look after you and your son.

Yorkshireman99

Margot123 wrote: »

I recall from one of those 'bailiffs' TV programmes that they attended a property where the person living in it wasn't even in the will (albeit the girlfriend of the deceased)
They had been there 15 years after the person passed away, and it took all that time to get the court order.
So, I think, in your case it could take quite some time based on that.

Take some time out to grieve now, and look after you and your son.

Not withstanding there being no closely defined period executors are obliged to deal with an estate within a reasonable time. Anthing over year is likely to be seen as too long unless there really are exceptional circumsatnces. I don't believe there are exceptional circumsatnces in this case.

badmemory

Perhaps the OP should explain to the brother that if he forces the sale he will have a portion of the sales costs to pay (20%), whereas a buyout by the op will only cost him the title transfer costs or nothing at all.

Indeed a badly thought out will, which I suspect when it was made the 20% would be covered by the non-property amount & would not have caused these issues. Which highlights the need for us to keep our wills up-to-date.

unholyangel

badmemory wrote: »

Perhaps the OP should explain to the brother that if he forces the sale he will have a portion of the sales costs to pay (20%), whereas a buyout by the op will only cost him the title transfer costs or nothing at all.

Indeed a badly thought out will, which I suspect when it was made the 20% would be covered by the non-property amount & would not have caused these issues. Which highlights the need for us to keep our wills up-to-date.

I was actually wondering if perhaps the 20% is more or less half the wifes estate/share of the house. I know OP said the relationship between sibling and father was strained but maybe the relationship between the sibling and mother was not and the father was just trying to respect that.

After all, if it was the cash amount in the estate (with no foresight as to that cash amount changing) then why not leave the house to OP and cash to the sibling.

Jeanie_84

Just an update on this, but the relationship with my brother has really broken down (sigh)

As joint execs what power does he have to make me sell the house rather than give him the money?

As mentioned we are talking about a spiteful individual so forget common sense and rationale behaviour.

Can that happen? As the person living in the house with my child, paying for around 40k in improvements and having the majority to inherit do I have any rights?

Thank you

Yorkshireman99

Jeanie_84 wrote: »

Just an update on this, but the relationship with my brother has really broken down (sigh)

As joint execs what power does he have to make me sell the house rather than give him the money?

As mentioned we are talking about a spiteful individual so forget common sense and rationale behaviour.

Can that happen? As the person living in the house with my child, paying for around 40k in improvements and having the majority to inherit do I have any rights?

Thank you

You need urgent, paid for, professional advice. Given what you have said there really is no other answer.

konark

If brother is looking for quick money he's gonna be disappointed. Firstly, he needs to go through a lengthy legal process to force a sale, and due to the fact you have a child and he is a minority shareholder might not be succesful. I'm not sure if he can even start the process until after the executors year and the house is registered in your names as tenants in common.

It's in your interest to get a speedy and clean settlement though, as it stands your brother could ask you for 20% of market rent for your house.

Jeanie_84

konark wrote: »

If brother is looking for quick money he's gonna be disappointed. Firstly, he needs to go through a lengthy legal process to force a sale, and due to the fact you have a child and he is a minority shareholder might not be succesful. I'm not sure if he can even start the process until after the executors year and the house is registered in your names as tenants in common.

It's in your interest to get a speedy and clean settlement though, as it stands your brother could ask you for 20% of market rent for your house.

Thank you. At what point could he ask for that?
I have a meeting with a solicitor now who I am catching up with this week.

I was told that if for any reason it did go to court I could show a vested interest in the property due to the large amount of money I have put into it.

But hopefully it won't come to that.

YoungBlueEyes

It's awful when siblings are at each other, and so soon after a father's death, but try to keep things as civil/brief as you can.
The advice you get on here is great, it can really put your mind at rest.
2 things to add - you can apply for probate on your own, the cost of which comes from the estate. (I've recently had to do this, very similar situation.) I don't think your brother can force a sale as long as you're making moves to give him his share, but check with your solicitor.
Do you know who drew up the will? Perhaps they may be able to act as a broker...?