Mothers death, complicated situation - HELP!

TonyMMM

Who is applying to administer the estate ?

The law is clear that everything is going to be split 50/50 between you and your brother - your mother's partner will inherit nothing.

Once that has been done - you and your brother can sell/gift or rent properties in whatever way you wish, but you should take proper professional advice before doing anything.

Do not rely on a future promise - even if a will is made, it can be changed at any time.

enjoyyourshoes

Could charge him a commercial rent for living in mothers house ? (Taxable as income)

You & Brother own it.

Ensure you have watertight rental agreement etc (speak to Solicitor)

paddy's_mum

justry4n wrote: »

We ideally want to keep my mum's house

So, keep the darned thing then!

Three separate responders have urged you to seek competent legal advice but all I am picking up in your additional comments is your belief that everything is hunky-dory and sensible and settled....

If you have, in fact, already decided on this course of action, I'm mystified as to why you asked for the viewpoint of others in the first place.

Edit to add - I see that it is now FOUR responders....oops, now it's FIVE!

Keep_pedalling

Don’t rely on advice from here, both you and he need to take legal advice on how to proceed.

irishjohn

You say in your first post he would move inside your mother's house to live out his days - where is he currently living?

PasturesNew

As others have said - there was no Will and any conversations/agreements between your mother and her boyfriend are irrelevant in law.

The law is quite specific about what you do with your mother's house. Without a Will it goes to you and your brother only.

That doesn't mean you have to throw him out, but the house is yours.

The best way forward would be for him to give you his two houses now and for you to find the best way for him to have a home for life in your mother's houses, or for as long as he wants it.

There are many problems with any of this though, the "what if" stuff... so you do need some proper legal advice.

Your mother's house is yours - and if you want to keep it then don't sign it over to anybody else's name. Simples.

Sea_Shell

AIUI - You and your brother will inherit 50/50. You don't HAVE to sell the property, but if your Mum's boyfriend continues to live in it, you will become his Landlord, with all the legal ramifications that that brings.

However, he could buy the property off you, like any other normal sale, so he'd own the house, and you'd get the cash, to do with as you please.

I'd recommend not making this situation any more complicated and fraut with danger than it already is.

Margot123

My goodness, why are you even considering this?

Go and see a solicitor specialising in wills and trusts as soon as you can!

Keep_pedalling

Margot123 wrote: »

My goodness, why are you even considering this?

Go and see a solicitor specialising in wills and trusts as soon as you can!

Because the BF would appear to be giving them much more than they would inherit from their mother’s intestate estate.

macman

OP, even if the BF does make a will stating that you will inherit the house, then there's nothing to stop him revoking it at any time subsequently. Or, should he marry, the will will be invalid anyway. You can do a Deed of Arrangement to gift him whatever you want, if you and your brother agree it, but there's no way to secure the house if he decides otherwise. But as the law stands, he gets nothing.
Since this 'arrangement' was presumably discussed and known about before her death, why didn't your mum make a will confirming her wishes? Or did she think he would inherit under 'common law' rules?