Living in Probate House, brother being threatening.

k3lvc

Meyor said:

k3lvc said:

So he's lived in the house for 9 years and neither you nor any of your siblings have deemed it important enough to sort out the formalities. The chances of this happening short-term and without significant cost now are minimal and, harsh though it may seem, all of your own making. 
Out of interest where do the siblings sit in all this - without their backing he's going nowhere (and neither are your injunction chances)

So even a non-molestation order would not work?

How do you think a court would see this ? You've let him live there undisturbed for 9 years, you move back in there and then want to take out an injunction against him ??
Not sure what others think but i think it's frankly laughable
You've got 2 conflicting issues here - 1) you need somewhere to live short term and 2) the 'owners' of the property need to get their !!!!!! into gear and sort out the property and in reality the two need to be disconnected as no. 2) isn't going to happen quickly (unless physical intervention is deemed possible/appropriate)

Meyor

k3lvc said:

Meyor said:

k3lvc said:

So he's lived in the house for 9 years and neither you nor any of your siblings have deemed it important enough to sort out the formalities. The chances of this happening short-term and without significant cost now are minimal and, harsh though it may seem, all of your own making. 
Out of interest where do the siblings sit in all this - without their backing he's going nowhere (and neither are your injunction chances)

So even a non-molestation order would not work?

How do you think a court would see this ? You've let him live there undisturbed for 9 years, you move back in there and then want to take out an injunction against him ??
Not sure what others think but i think it's frankly laughable
You've got 2 conflicting issues here - 1) you need somewhere to live short term and 2) the 'owners' of the property need to get their !!!!!! into gear and sort out the property and in reality the two need to be disconnected as no. 2) isn't going to happen quickly (unless physical intervention is deemed possible/appropriate)

hmm..How is it laughable? I am being harassed and verbally abused on a daily basis despite hardly coming out of my room. May I mention that I am also paying majority of the bills and the repairs?  We are in lockdown and I have no where else to go so therefore I have come back to my family home. I am seeking a bit of relief from the domestic abuse during this lockdown period and I am obviously trying to find out how I as an Administrator can get 'into gear'

Flugelhorn

The administrators of the estate need to sort the accounts and look at selling the property. You are all entitled to an equal share (and if any siblings are deceased, then their children are entitled to parent's share) - surprised no-one has asked for their share so far. 
Clearly the property is going to be hard to sell as work needs doing and there is a reluctant tenant. Maybe auction is an option? 

Meyor

Flugelhorn said:

The administrators of the estate need to sort the accounts and look at selling the property. You are all entitled to an equal share (and if any siblings are deceased, then their children are entitled to parent's share) - surprised no-one has asked for their share so far. 
Clearly the property is going to be hard to sell as work needs doing and there is a reluctant tenant. Maybe auction is an option? 

Thanks. This is something that Intend to discuss with the others asap.
Still stunned that someone would deem my question about an injunction against an aggressor  'laughable'...no wonder domestic abuse victims do not like speaking up.

k3lvc

Meyor said:

k3lvc said:

Meyor said:

k3lvc said:

So he's lived in the house for 9 years and neither you nor any of your siblings have deemed it important enough to sort out the formalities. The chances of this happening short-term and without significant cost now are minimal and, harsh though it may seem, all of your own making. 
Out of interest where do the siblings sit in all this - without their backing he's going nowhere (and neither are your injunction chances)

So even a non-molestation order would not work?

How do you think a court would see this ? You've let him live there undisturbed for 9 years, you move back in there and then want to take out an injunction against him ??
Not sure what others think but i think it's frankly laughable
You've got 2 conflicting issues here - 1) you need somewhere to live short term and 2) the 'owners' of the property need to get their !!!!!! into gear and sort out the property and in reality the two need to be disconnected as no. 2) isn't going to happen quickly (unless physical intervention is deemed possible/appropriate)

hmm..How is it laughable? I am being harassed and verbally abused on a daily basis despite hardly coming out of my room. May I mention that I am also paying majority of the bills and the repairs?  We are in lockdown and I have no where else to go so therefore I have come back to my family home. I am seeking a bit of relief from the domestic abuse during this lockdown period and I am obviously trying to find out how I as an Administrator can get 'into gear'

Because for 9 years you've let it be 'his' house - as administrators/executors you've failed and you've allowed this to happen. You cannot now immediately choose to assert the rights that you have and not expect any pushback - it will take time, probably a lot of money and is very unlikely to succeed by picking legal battles/issuing injunctions.
The 'laughable' is clearly in relation to the fact that you've invaded 'his' space and see no issue with this - unless I'm vastly outdated with police protocols you're unlikely to be seen as the victim in this situation

NinjaTune

@k3lvc Oops, edited as I didn't read it properly.  

OP - have you been keeping a record of your investment in the property (repairs, insurance etc.) as you should claim that back upon the eventual sale of the house before the proceeds are split.

Would it be possible to buy out your brother's share of the house?  That would at least give him enough for a deposit on a rental property and some financial backing.  It doesn't sound as though he would be able to obtain a mortgage from what you've said.

Flugelhorn

I think @k3lvc is right, if from the beginning the siblings had made it clear to the brother that he was there temporarily, that the house was to be sold, and he needed to find somewhere else then that would be different. If you had been resident then and he started to be unpleasant, you may have had a case. 
You all have the right to live there now, maybe more of you need to be visible in the house and around it so he begins to realise it is not his. 

Mojisola

Meyor said:

My parents have passed away and the house, a large one has been occupied by my brother who for the past 9 years since my mother passed away. The only reason I and my other siblings allowed him to to stay was because we knew he had nowhere to go and feared that with his substance abuse issues he would end up living on the streets

He is under the impression that because he is the only sibling who doesn't own a property, this family house now solely belongs to him.

This situation has arisen because of mistakes made by the three siblings who are administrators.

He has been the sole resident of the house for 9 years it's understandable that he thinks it's his house now. 

Any threats towards you are unforgivable but the three administrators don't seem to have made clear to him that he is only allowed to stay because you are concerned for his welfare and that you are all owners of the property.

Meyor

k3lvc said:

Meyor said:

k3lvc said:

Meyor said:

k3lvc said:

So he's lived in the house for 9 years and neither you nor any of your siblings have deemed it important enough to sort out the formalities. The chances of this happening short-term and without significant cost now are minimal and, harsh though it may seem, all of your own making. 
Out of interest where do the siblings sit in all this - without their backing he's going nowhere (and neither are your injunction chances)

So even a non-molestation order would not work?

How do you think a court would see this ? You've let him live there undisturbed for 9 years, you move back in there and then want to take out an injunction against him ??
Not sure what others think but i think it's frankly laughable
You've got 2 conflicting issues here - 1) you need somewhere to live short term and 2) the 'owners' of the property need to get their !!!!!! into gear and sort out the property and in reality the two need to be disconnected as no. 2) isn't going to happen quickly (unless physical intervention is deemed possible/appropriate)

hmm..How is it laughable? I am being harassed and verbally abused on a daily basis despite hardly coming out of my room. May I mention that I am also paying majority of the bills and the repairs?  We are in lockdown and I have no where else to go so therefore I have come back to my family home. I am seeking a bit of relief from the domestic abuse during this lockdown period and I am obviously trying to find out how I as an Administrator can get 'into gear'

Because for 9 years you've let it be 'his' house - as administrators/executors you've failed and you've allowed this to happen. You cannot now immediately choose to assert the rights that you have and not expect any pushback - it will take time, probably a lot of money and is very unlikely to succeed by picking legal battles/issuing injunctions.
The 'laughable' is clearly in relation to the fact that you've invaded 'his' space and see no issue with this - unless I'm vastly outdated with police protocols you're unlikely to be seen as the victim in this situation

I have not invaded his space. I have my own room and he has his in a very large family home. Most of the houses on this street which are of the same size are tenanted. Point being, had I been a paying tenant in the property being harassed by another one who lives in a separate room, would you still see it as me invading their space and therefore warranting the abuse??

I do not expect to use the injunction to pick a legal battle...it is simply a means to stop the harassment from escalating further.

I read somewhere that we had up to 11 or 12 years to sort out an Estate. 

Meyor

NinjaTune said:

@k3lvc Oops, edited as I didn't read it properly.  

OP - have you been keeping a record of your investment in the property (repairs, insurance etc.) as you should claim that back upon the eventual sale of the house before the proceeds are split.

Would it be possible to buy out your brother's share of the house?  That would at least give him enough for a deposit on a rental property and some financial backing.  It doesn't sound as though he would be able to obtain a mortgage from what you've said.

Yes I have. I was even paying for maintenance work despite not living and have been keeping the building insurance up to date long before I was forced to move back in. This was out of respect to my late father who was a DIY nut and kept the house immaculate when he was alive. 

I could buy his share but rather just sell as that is what the majority of us want to do. Even the one sibling who was supportive, financially supportive at that, of him staying in the house has had enough of his shenanigans.