Rights of Tenants in Common. Ripped off in my fathers will

joyfully

My sister managed to persuade my father last August to change his will to give all his assets, house car ect to her. He was 94 and I only found out last week when he died.

Everything as a family had always been 50/50 which my mother insisted upon.

My parents had mirror wills with 50% of the house (their main asset with approx £600,000) going to the surviving partner and 25% each to me and my sister.

My mother died two years ago and so I now own 25% of the house. My father died two weeks ago and my sister had bamboozled him into giving all of his 50% share to her, supposedly because she liked living there for free (who wouldnt) and I might force a sale (as I would have).

So now I am not at all impressed with her (she did let him fall down the stairs whilst looking after him in the night and he died five days later).

She now wants to live in the house. What precisely are my rights with 25% held as Tenant in Common. I could I presume take a court order and force her to sell or buy me out.

I have looked around the web and it seems to say that even though I only own 25% I have beneficial use of the whole property. What does that mean whilst she is living there.

For instance as there are two double bedrooms could I rent one out on Airbnb or sparerooms. She would then have to give my tenants access to the common areas including bathroom, kitchen. Lounge and garden.

Any pointers on my rights much appreciated.

silvercar

Has your sister inherited enough to buy you out of your 25% share? That would be the easiest scenario going forward.

Sea_Shell

Sorry for your losses.

So sad to hear of another family in a pickle over inherited houses. Especially one that's been unequally bequeathed.

Someone more knowledgeable will hopefully be along soon with some advice regarding your rights as 25% owner, re renting rooms, but going forward, unless they can afford to buy out your 25%, or they agree to sell, you have very limited options... without causing conflict.

calleyw

This needs moving to the deaths, funeral and probate board. As they have more knowledge there.


Yours


Calley x

joyfully

calleyw wrote: »

This needs moving to the deaths, funeral and probate board. As they have more knowledge there.


Yours


Calley x

How do I do that. Shall I just post again

calleyw

joyfully wrote: »

No I was not there all the time. I live 300 miles away and went every month or so to see him and play golf or snooker with him.

She chose to work from the house with her remote online teaching job from the USA and was happy to leave her alcoholic invalid husband in Florida (and two cats) to his own devices.

She was in the house for nearly two years living and eating free and using his car.

You are aware nobody is entitled to an inheritance. Maybe your dad decided that he wanted to leave her everything as she given up her life to come stay and look after him.


Not sure what she has done in the past has any bearing on now. Oh she is bad person because she could no longer cope with alcoholic disabled husband. Does not make her bad person. Guess I am, as I left and in the process of divorcing my disabled husband. because I could no longer cope with it all and was not happy. Don't judge people unless you have walked in their shoes you have no idea of her life.


Yours


Calley x

calleyw

joyfully wrote: »

How do I do that. Shall I just post again

Get a board guide to move it rather than post again.


Yours


Calley x

elsien

joyfully wrote: »

No I was not there all the time. I live 300 miles away and went every month or so to see him and play golf or snooker with him.

She chose to work from the house with her remote online teaching job from the USA and was happy to leave her alcoholic invalid husband in Florida (and two cats) to his own devices.

She was in the house for nearly two years living and eating free and using his car.

And shopping, cooking, cleaning, offering emotional and practical support, driving him to appointments and being there when he needed help?
However capable the 94 year old, it's still not easy to be a carer of any sort.
Whatever the rights and wrongs of your father's will, (and if you genuinely think he was coerced or didn't understand what he was signing, you could consider how feasible challenging it might be) floating in once a month to play golf really is no comparison.

MortgageDonkey

Sounds like a nasty predicament. Good luck with the future

Sea_Shell

What each sister did or didn't do is done...they are where they are.

What the OP needs is advice on what next. They own a 25% share worth £150,000. Should they just walk away from that??!!

Can they occupy the house or rent a room out? How do they resolve this??

elsien

Sea_Shell wrote: »

What each sister did or didn't do is done...they are where they are.

What the OP needs is advice on what next. They own a 25% share worth £150,000. Should they just walk away from that??!!

Can they occupy the house or rent a room out? How do they resolve this??

The advice would be to try to put the emotion to one side, as far as possible. Their father has died, people react in different ways but playing the blame game and getting into stand offs is only going to make people dig their heels in even more.

OP needs to consider the practicalities as well as the legalities.
If Air b'nb is legally possible, but sister doesn't want them there she could make life very difficult for anyone in a rented room, to the point where no one would want to stay there anyway. In which case there would seem to be little point in forcing the issue other than ramping up hostilities further.

OP - what do you want to happen with the house? Do you want to up sticks and move back, or would you prefer to have your share? Can she buy you out? Are you and your sister able to have a sensible conversation about this at the moment?