Inherited propery - one beneficiary doesn't want to sell.

Jo1495

My father passed away intestate in June this year. My mother passed away in 2011. I have three siblings, and there is a property involved with no mortgage. My eldest brother had been living with my father as his Carer following my mother's death, and is still living in the property.

The issue that my siblings and I are having are that my brother is now living in the property rent free. He is on a low income so cannot really afford to maintain the house properly (we are aware that he hasn't any house insurance) - but he has been keeping up with Council Tax and Water etc. So we are scared that something may happen to the house, and we will be left having to find money to pay for repairs etc, when we are having to pay mortgages and rent on our homes, as well as having families to support. My brother is not married and does not have any children.

It is also not helped as my brother tends to leave the property unoccupied on a regular basis visiting friends, which is also causing my siblings and I further worry and stress.

I have obtained Probate for my late father, so have the Letter of Administration. Unfortunately when my mother passed away my father obtained Probate for her, but never transferred the property into his name - so I'm aware that I need to get this sorted before we are able to make a decision about selling or transferring the property into our names.

There is also a further complication as my sister currently resides in a Housing Association property with her family and has been advised that if her name appears on the deeds of my parents property, she will be breaking her tenancy agreement and will be evicted.

I understand that if we have to take my brother to Court to try to force the sale of the property, it could cost us a lot of money - but I was wondering if there are any other ways around this? We have tried talking to my brother, but at the moment he is quite happy to stay in the property as he is not paying rent - or even maintaining the property, and the issue of not having insurance does not phase him either - when my siblings and I are in constant dread of something happening.

kazwookie

First thing is to get the property insured, £200 to £400 or so depending on size etc.


You and your sister sort it out.

Jo1495

Would love to be in a position to insure the property - but my sister and I have our own families to support. I feel that if my brother wants to stay in the property then he needs to be able to maintain the property or leave.

Jo1495

I've obtained quotes for specialist insurance as the property is still in my late mother's name - and it's not £200 - £400 it's more. The fact of the matter is that 4 of us have inherited the property - I would rather have my parents here, and I work hard to try and pay my mortgage and keep a roof over my families heads, as do my sister and my other brother. Unfortunately, this does not put me in a position to financially support another property which I do not reside in. I doubt very many people could afford to take on bills and repairs for a property they do not reside in.

Moving into the property is not an option as it's too small for my family - and I don't think that my brother would appreciate us taking over the already small house.

Keep_pedalling

Currently the house is still owned by the estate and as you are the sole administrator of the estate you do not need to go to court to force a sale, however you might have to evict your brother to be able to sell it which is not a nice position to be in.

Robin9

There is no need to put the property into you and your siblings names - when it comes to being sold the solicitor will arrange. Alternatively it could be put into the name of "the estate of the late Mr X "

Not insuring the property is shortsighted - you could well be left with the costs of anything - robbery, fire etc - that happens. Anything of your father's that could be sold, what's in the bank a/c , premium bonds, building society - any life insurance ?

gwynlas

The building and contents need to be insured this could be in your brothers name but he could not leave place empty for more than 30 days. Once probate arrives need to decide of you want to sell majority vote decides. Otherwise would need to seek legal guidance the cost coming from brothers share of estate.
If house not insured then anything that happens is at the risk of all of you, worse case scenario could be fire, explosion or flood.

lookstraightahead

Sorry for your loss.

I think with all honesty you need to look at the facts and what you can do - not necessarily what you morally believe you should do or the fairness of the situation.

It doesn't matter whether you have families or not - it's about your peace of mind.

It sounds like a nightmare situation. I feel for you but from having gone through a really sticky divorce in the past, full of 'unfairs'I guarantee its best to try to stick to practicalities.

Marcon

Why are you putting up with this? The reality is that having a moan on a public forum isn't going to help at all unless you and your siblings are prepared to grasp the nettle and have it out with your brother. He has no incentive to do anything at all and is doubtless relying on the fact that you won't do anything either. If he often goes away, change the locks in his absence.

Yes, it's horrid when you are all so newly bereaved, but letting this fester won't help anything - your finances or family dynamics.

xylophone

Are you saying that the property was owned solely by your mother, she left it to your father but your father never bothered to transfer the property into his name?

At all events, you are now the administrator of your father's estate and can sell the property as administrator?

You might be well advised to take legal advice - you might tell your brother that costs will come out of his share of the sale proceeds if you are forced to take legal action?

Did your mother insure the property? If so, have you spoken to the insurers to explore insuring the property as administrator of the estate?

Brynsam

Jo1495 wrote: »

We have tried talking to my brother, but at the moment he is quite happy to stay in the property as he is not paying rent - or even maintaining the property, and the issue of not having insurance does not phase him either - when my siblings and I are in constant dread of something happening.

Then take some decisive action and tell your brother what is going to happen. There are three of you and one of him, so the odds are in your favour - and you have right on your side. You don't need to be hurtful or unpleasant, but simply spell out the facts, especially that the insurance has to be in place and has to be valid and that as he is the only person living there, he must be prepared to take responsibility for it. If he isn't, then say you will be getting a tenant in to share the costs with him.