Will and living in dads house

Jeanie_84

YoungBlueEyes wrote: »

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...?

Yes it's awful, feel like I have lost a big chunk of my family and I now can't help but feel angry. If I had not cared for my father then he would have gone into a home and there wouldn't even be a discussion about money as there would be any. My parents would be devastated!

My father knew this hence making me sole person on the power of attorney but although drafted a new will never survived to sign it.

But that's interesting what you say about probate. So there is nothing stopping my brother applying alone? I have been told nothing can happen until we both action it.

Tom99

Jeanie_84 wrote: »

But that's interesting what you say about probate. So there is nothing stopping my brother applying alone? I have been told nothing can happen until we both action it.

[FONT=Verdana, sans-serif]If the will says both you and your brother are executors then you both need to apply unless one of you agrees to reserve or renounce their executor-ship position.[/FONT]

buildersdaughter

I do think you need professional advice, but what may make a difference is your day-to-day finances & income.
I think that a solicitor could help you through the maze. if you are struggling with your finances, try contacting your local Citizens' Advice Bureau and ask them for help - they will probably direct you to a solicitor, but may be able to help with some things so the cost is less.
I am not sure if it would help, but you could consider offering your brother rent on his 20%. I'm not sure if you could afford that.
I do think you need to think carefully about staying in such a valuable house, and the finances of getting a mortgage. If you want to stay for sentimental reasons, then I think you need to find a good friend to talk it over with. Of course you don't want to disrupt your son any more, and you want to stay in the community where I hope you have support - but you may be able to move just round the corner. And of course, there may be other reasons that you wish to stay.

Jeanie_84

buildersdaughter wrote: »

I do think you need professional advice, but what may make a difference is your day-to-day finances & income.
I think that a solicitor could help you through the maze. if you are struggling with your finances, try contacting your local Citizens' Advice Bureau and ask them for help - they will probably direct you to a solicitor, but may be able to help with some things so the cost is less.
I am not sure if it would help, but you could consider offering your brother rent on his 20%. I'm not sure if you could afford that.
I do think you need to think carefully about staying in such a valuable house, and the finances of getting a mortgage. If you want to stay for sentimental reasons, then I think you need to find a good friend to talk it over with. Of course you don't want to disrupt your son any more, and you want to stay in the community where I hope you have support - but you may be able to move just round the corner. And of course, there may be other reasons that you wish to stay.

I don't want to move because there is no need to plus this is now our home and my child is at school here. It just takes time to raise the funds.

I'm more focused today, as those who have gone through grief know some days are unbearable so just need to get on with it now so he is no longer part of my life.

nom_de_plume

konark wrote: »

as it stands your brother could ask you for 20% of market rent for your house.

And the OP could ask her brother for 20% of the upkeep.....

unholyangel

nom_de_plume wrote: »

And the OP could ask her brother for 20% of the upkeep.....

As well as potentially register a beneficial interest to the tune of approx £40,000. Which would reduce siblings share by £8,000.

getmore4less

What steps have you taken to investigate raising the necessary cash to buy your brother out?

Jeanie_84

Hi again

I am now a little confused after taking legal advice from two sources.

With me being in the property with my child and getting a substantial share I was informed I was in a position where I had more rights but today another told me that wasn't the case.

If for example I want to buy my brother out and he refuses then the house has to be put on the market to be sold.

I don't quite understand this as I have obtained 3 probate values on the property and would ensure it was fair but regardless of this he could really make us homeless.

I will have the funds in April to buy the share, so that's all in hand.

But if I really have to put up with my brother turning up and entering the property when he wants, having the right to stay in it and pushing for it to be sold then this changes everything.

That awful situation for my child is just not an option.

getmore4less

You can still buy it, you will have to better any offers from others.

Jeanie_84

Thanks for the reply.

So in that regard the probate values are a waste of time.

My priority is my child so I guess I need to start looking at new schools and moving out into rented accomadatiob as there isn't an option locally. I can't be sitting in a house for sale with my fingers crossed and a man who can just walk in and throw his weight around