father and brother bought house together, live together, what am I entitled to in inheritance?

Mojisola

Flugelhorn wrote: »

Deed of Variation occurs after father's death and would require the agreement of all beneficiaries - is this likely to happen? (the agreement I mean)

If the house is owned as joint tenants, it wouldn't be part of the deceased's estate so a DOV couldn't be used.

Pollycat

The OP states:

PatrickM47 wrote: »

My father has expressed multiple times that he does not want my brother to inherit the house alone, but I am not sure what will/plans are in place and what is legally possible anyway, considering my brother has lived in the house for a significant amount of time, is named on the mortgage etc.

So the Father needs to take appropriate legal advice to ensure his assets are disposed of according to his wishes when he dies.

Why doesn't the OP ask the Father what plans are in place?
One could wonder why the Father has treated both sons so unequally over what sounds like a long period of time.

POPPYOSCAR

It does not matter what you have done or your brother has not done for your father OP.

The bottom line is your father has said he does not want your brother to inherit the whole house.

So as has already been said find out how the house is held legally.If held as Joint Tenants get it changed to Tenants in Common.

Your father should then make a will.

ska_lover

Sea_Shell wrote: »

But knowing you might get diddly squat, through no fault of your own, can in the meantime make you feel pretty unloved. No parent should (purposely) make their child feel like that, unless some serious falling out has happened.

I know what you mean SeaShell. I value your opinion - I was only saying how I feel

Im not trying to upset anyone.. but I do think it is all in very bad taste

Pollycat

POPPYOSCAR wrote: »

It does not matter what you have done or your brother has not done for your father OP.
The bottom line is your father has said he does not want your brother to inherit the whole house.

So as has already been said find out how the house is held legally.If held as Joint Tenants get it changed to Tenants in Common.

Your father should then make a will.

I don't think it's down to the OP to 'get it changed'.
He needs to have a conversation with his Father and explain the implications of the different types of house ownership sharing.

It could be that the OP's Father is stringing him on with the 'I don't want your brother to inherit'.
He needs to talk to him.

Flugelhorn

Mojisola wrote: »

If the house is owned as joint tenants, it wouldn't be part of the deceased's estate so a DOV couldn't be used.

Oo yes of course! duh, not enough tea this morning

Re the OPs post etc - the father has stated that he doesn't want the brother to inherit everything - but he may not understand that that is what will happen if he has the house as joint tenants

POPPYOSCAR

Pollycat wrote: »

I don't think it's down to the OP to 'get it changed'.
He needs to have a conversation with his Father and explain the implications of the different types of house ownership sharing.

It could be that the OP's Father is stringing him on with the 'I don't want your brother to inherit'.
He needs to talk to him.

I did not say it was down to the OP to get it changed.

The father has told him he does not want the brother to inherit the house so the OP obviously has to tell the father the steps to take if he wants to make sure that happens.

Dasa

Does your brother know what your dad has said to you? Do you think he will cause problems? Do you think he might make life difficult for your dad being as they live together?


Have you all sat down together to talk about it?

Pollycat

POPPYOSCAR wrote: »

I did not say it was down to the OP to get it changed.

The father has told him he does not want the brother to inherit the house so the OP obviously has to tell the father the steps to take if he wants to make sure that happens.

The OP needs to be sure his Father's actions don't belie his words.
He's been funding his other son's lifestyle for many years, even whilst accepting financial help from the OP.
What he says and what he intends to do may not be the same thing.
They need to talk.
THEN, the OP can help his Father with the necessary actions.

maman

Dasa wrote: »

Does your brother know what your dad has said to you? Do you think he will cause problems? Do you think he might make life difficult for your dad being as they live together?


Have you all sat down together to talk about it?

This occurred to me too. OP said that the brother was unkind to his dad.

I agree that if the dad is adamant he wants to leave the house and whatever else to both sons then he needs to see a solicitor about a will and, if necessary, have the tenants in common papers drawn up at the same time. He could either tell the son he lives with of his intention or show him the will afterwards.

My DH had similar issues with his mother. Although she was proud of him and his siblings that had done well for themselves she always appeared to favour the needier siblings. It wasn't the money she spent on them that hurt DH just the feeling that she was closer to the pathetic ones.