Late Fathers brother wont sell

Executor22

Hang on, this house originally belonged equally to her husband and his brother (originally as joint tenants, later as tenants in common) and she, her husband, his brother and wife occupied it from purchase in 1988.

As far as I can gather, she is still there but is being made so unhappy by her BiL's attitude that she wants to leave?

I was born in 1986 so I have lived in that house most my life until I moved out. As did my uncles kids who have also moved out. So there wasn't an issue while my father was alive, its only been an issue after he passed away. I would if possible never want to sell the house because of sentimental value. But that is not my choice to make.

He sounds like a right idiot.
It sounds like he has single-handedly caused a situation that isn't in his own interests whereas they all could have carried on living together happily ever after.

Exactly, hes made an issue out of something that was never an issue for the last 30years

silvercar

lisyloo wrote: »

He sounds like a right idiot.
It sounds like he has single-handedly caused a situation that isn't in his own interests whereas they all could have carried on living together happily ever after.

happyandcontented wrote: »

It was always ( sooner or later) going to end in the sale of the property though. Two families one large asset.

Maybe both brothers thought that if either pass away their spouse can carry on living with the remaining couple as happy families. After all they've lived together and brought up children in that home in harmony. It may have provided some emotional reassurance that his widowed wife won't find herself living alone.

lisyloo

silvercar wrote: »

Maybe both brothers thought that if either pass away their spouse can carry on living with the remaining couple as happy families. After all they've lived together and brought up children in that home in harmony. It may have provided some emotional reassurance that his widowed wife won't find herself living alone.

Massive assumption to make about something you don't legally have control over isn't it?


I'm a woman and looking at this from a female point of view it looks like the men made the decisions without consulting OR advising the women what they'd decided. We live in different times now but I wonder if the uncle doesn't perceive his brothers wife as an equal?

Executor22

Massive assumption to make about something you don't legally have control over isn't it?


I'm a woman and looking at this from a female point of view it looks like the men made the decisions without consulting OR advising the women what they'd decided. We live in different times now but I wonder if the uncle doesn't perceive his brothers wife as an equal?

Yes Lisyloo definitely no consultation. My background is from an ethnic minority. I guess the best way to describe this is the norm in our culture back in the 1980s. I forgot to mention that my Uncles wife is my Mothers older sister...... so 2 brothers and 2 sisters in the same house.

xylophone

In the end, things may have turned out for the best.

Your mother has the chance to choose the kind of property she prefers and enjoy some independence?

catshark88

If the value of the commercial property is roughly the same as the house and if your uncle and mother both agreed, could they change the will (I forget the proper term), so that your uncle kept the house he lives in and your mother gets all the commercial stuff to sell and buy a new house with?

silvercar

catshark88 wrote: »

If the value of the commercial property is roughly the same as the house and if your uncle and mother both agreed, could they change the will (I forget the proper term), so that your uncle kept the house he lives in and your mother gets all the commercial stuff to sell and buy a new house with?

Deed of variation.

rachael88

Sounds like your uncle is used to a patriarchal family and the thought of a woman holding any power over him is unsettling which is why he has tried to make sure your mother has a lesser share than him, so that she is not his equal in any sense (big assumptions but this is my understanding of what you have said).
Is it possible that your uncle had the TIC agreement done so that they could each pass on their share to their children? If you have 3 siblings and he only has 1 child he would want his child to get his 50% not split the 100% between you all. He may have overlooked the women involved (your mother and her sister) as they have obviously been overlooked in financial decisions in the past.
Good luck with the business side.

Executor22

The commercial property is worth half of the residential so unfortunately that wouldnt work.
In reply to Rachael88 that seems to be the case as his wife has not said anything at all to my mother even though they are sisters. If my uncles behaviour and stubborness is anything to go by we have long hard slog ahead of us

xylophone

If my uncles behaviour and stubborness is anything to go by we have long hard slog ahead of us

In your position, as you (apparently) now have your uncle's agreement that the house is to be sold, it seems to me that it would not be wise to start messing about with Deeds of Variation.

Far better (if possible) for your mother to move in with you (or one of your siblings) on a temporary basis until the sale has completed and she has the cash in her bank account.

She could decide if she wants to keep any furniture etc - if so, storage could be arranged - she might decide that she doesn't want any relics of the past but would prefer to start afresh, perhaps in a bungalow fitted and decorated to her taste, and within easy reach of her children.

There would appear to be no doubt that your father owned half of the business and commercial property - his will leaves these assets to his widow.

I assume that the business is a going concern - decisions on whether she wishes to retain her stake in it can wait until she is settled in her new home?