Sibling living in joint inherited home

mandijg

Hello
My mother sadly passed away in 2016. She did not leave a will and I have grant of probate. I settled her outstanding bills/debts and what little she had paid for her funeral.  I also kept the promise I made to her that my brother could remain in the shared inherited property as long as he is capable to do so (he has a brain injury that can affect his mental health). 

I have taken on his needs (which is fine) and act on behalf of him for any benefits he gets. I also have lasting  power of attorney for his finances in case he deteriorates. 

I have a few concerns at the present time:
1. He is on benefits and does not have cash to spare for any home improvements. I have not benefitted from the property/mother’s estate in any way. Would I be jointly liable for repairs if they are required such as the roof or boiler? Personally do not have money to spare either.
2. If he managed to get credit on the house (does things on a whim and hides things from me so worried in case he does this almost unwittingly), would I be liable for any of his debt if God forbid he deteriorated and had to get care outside the home. I would sell if this was the case.
3. What would happen if he married? How would I claim my half of the inheritance.
4. What would happen to my share of the inheritance if I died before him.

I probably have a load more questions as finding things a little complicated due to him having a disability and nowhere else to go. I could never ask him to leave (unless it’s for his benefit) as this is his safe home.

Many Thanks 

missile

You really should consult a "good" solicitor

jonesMUFCforever

1. Who actually owns the property now? If you do then you will be liable for repairs.
2. No you would not be liable for his debts unless the debt is in joint names. From what you have written it would be difficult for him to get a loan?
3.The only way you could realise the inheritence whether he marries or not would be to sell up and share the proceeds 50-50.
4. Make a will - Up to you who you want your estate to go to.

xylophone

I have a few concerns at the present time:

Do you and your brother own the property as joint tenants or as tenants in common?

https://www.bonnetts.co.uk/2020/01/15/joint-tenants-vs-tenants-in-common-pros-and-cons/

Either way, you are jointly responsible for repairs and upkeep but you would not be responsible for any debts that your brother incurred in his sole name.

If you own the property as tenants-in common, you may leave your share of the property as you choose (but if not to your brother, you might choose to leave him an interest in possession).

If you own the property as joint tenants, then on your death the property becomes your brother's absolutely - similarly, if he died the property would become yours absolutely.

This would also be the case if he married.

If your brother deteriorated to the point where he needed care  and you were not resident in the property, it is quite likely that the Local Authority would require the sale of the property in order to pay his fees - at this point you could claim your half of the sale proceeds.

The only way you can realise your share of the inheritance now is to sell the property and split the proceeds between you and your brother.

mandijg

Thank you everyone for your comments. We are both on deeds to the property with the land registry.

RAS

As joint tenants or tenants in common? 

xylophone

We are both on deeds to the property with the land registry.

See link in my post above.  Are you tenants in common or joint tenants?

Is a Form A  restriction registered?

https://www.leathesprior.co.uk/news/restrictions-on-title-protecting-interests-in-property#:~:text=Two common forms of restriction,the title of the property.

It would be possible to create a formal Deed of Trust.

You might be well advised to consult a solicitor specialising in Wills and Trusts.

https://content.step.org/step-directory

theoretica

If he is on benefits there might be grants available for boiler replacement etc - they change so often you would need to research when the need arose.

sammyjammy

You don't say how old your brother is or what is expected for him in the future?  Is the house even suitable for him?  If neither of you can keep up with necessary repairs and maintenance maybe you should sell and buy him something more suitable to his needs if there are enough funds?  Is this something that would impact on his mental health?

mandijg

sammyjammy said:

You don't say how old your brother is or what is expected for him in the future?  Is the house even suitable for him?  If neither of you can keep up with necessary repairs and maintenance maybe you should sell and buy him something more suitable to his needs if there are enough funds?  Is this something that would impact on his mental health?

The house is an upstairs flat we grew up in. Physically he can manage stairs, etc. He feels safe there as he knows the area (he’s partially sighted also). He’s 53 now so would hopefully be there for a long time to come. It’s well maintained in the main through intervention from me, things he just would not realise needs to be done like gutters cleaned, etc). As it’s an upstairs flat I believe we are responsible for roof maintenance.

mandijg

Xylophone, this may be the way to go. We are tenants in common.