Inheritance property dispute with my brother

Mojisola

JJN2881 said:

My brother is the executor of my Dads will

If an executor doesn't do the job - and it doesn't sound as if your brother is going to - they can be removed but it will cost you to do so. 

Has your solicitor discussed that option with you?

pphillips

JJN2881 said:

Hi thanks for your reply.
The property is owned as tenants in common. Therefore it would go to my husband. The solicitor has advised me to claim for half the rental value that I'm owed over the last 13 years but that would make things a lot worse.  As he tends to turn to aggression and emotional blackmail.  He feels that as my name is on the deeds that should be enough. He often says "what more do you want" !! The only way to push the sale is to take him to Court but this would end up him having one and a half houses, the will states the estate is split equally.  I have told my brother and his girlfriend that they can live in the house if they want to stay there for the long term future but they need to transfer dads to me and i will obviously do the same.

I think your brother just needs to finish administering your father's estate but he doesn't seem to understand his role as an executor is is to act in the best interests of the beneficiaries, so perhaps now is the time for him to hand it over to a solicitor to deal with.

Keep_pedalling

Did you dad make a will and if so who did he appoint as executors?

If not have you applied for letters of administration?

ontheroad1970

If he doesn't want anyone else living in your father's house, then they should move in there and leave you the other house.

xylophone

Do both houses now stand in your name and your brother's name at the Land Registry?
If so, as joint tenants or as tenants in common?

Has no solicitor ever suggested forcing a sale of one or both properties?
https://www.myconveyancingspecialist.com/2020/02/18/can-i-force-the-sale-of-a-jointly-owned-property/#:~:text=Forcing the Sale of a Jointly Owned property&text=When this is the case,of the jointly owned property.

JJN2881

Mojisola said:

JJN2881 said:

My brother is the executor of my Dads will

If an executor doesn't do the job - and it doesn't sound as if your brother is going to - they can be removed but it will cost you to do so. 

Has your solicitor discussed that option with you?

No the solicitor dealt with the probate and after we paid the bill she never contacted us again. I guess it is because it would be another department that would deal with the transfer of the property.

Mojisola

JJN2881 said:

No the solicitor dealt with the probate and after we paid the bill she never contacted us again. I guess it is because it would be another department that would deal with the transfer of the property.

So the estate has been finalised and both houses are now owned by both of you as tenants in common - presumably a 50/50 split?

You do have the option of forcing a sale but, again, it would involve court costs.

Maybe if he knows that you can do that and he wouldn't have either property to live in, he may come to some agreement with you. 

JJN2881

ontheroad1970 said:

If he doesn't want anyone else living in your father's house, then they should move in there and leave you the other house.

Yes we discussed this but he says it is too upsetting as he found my poor dad on the day he died. which I completely understand and is really distressing.   

JJN2881

Mojisola said:

JJN2881 said:

No the solicitor dealt with the probate and after we paid the bill she never contacted us again. I guess it is because it would be another department that would deal with the transfer of the property.

So the estate has been finalised and both houses are now owned by both of you as tenants in common - presumably a 50/50 split?

You do have the option of forcing a sale but, again, it would involve court costs.

Maybe if he knows that you can do that and he wouldn't have either property to live in, he may come to some agreement with you. 

It was finalised in December 2019 but the house has not been transferred to our names, it is still under my dad's estate because of the dispute between us. 

theoretica

JJN2881 said:

The only way to push the sale is to take him to Court but this would end up him having one and a half houses, the will states the estate is split equally.  I have told my brother and his girlfriend that they can live in the house if they want to stay there for the long term future but they need to transfer dads to me and i will obviously do the same.

I think you would need to go to court for your half of both houses - and then suggest your compromise that he buys you out of one with the other.  Though actually they might be better off taking the money and buying a place with a working kitchen etc and where they won't see the house where dad died every day.  But I am sure that suggestion would go down badly!