Sibling living in joint inherited home

getmore4less

Too late now but you should have consulted over this at the time of your mum's death. 

If you transfered the property to both of you and you don't live there is a potential CGT liability.

As you never intend to sell from under him A life interest trust may have been a better option at the time or a vulnerable persons trust with you and someone else as the legal owners managing the trust. 

There may still be options via a vulnerable person trust

If neither of you can afford maintenance then you need to look for other sources of funding. 

The problem being a joint owner is this may impact eligibility, if brother held the beneficial interest that would not be an issue, life interest trust would have done that without you losing your eventual inheritance. 


Are all the care related benefit being claimed? 

mandijg

getmore4less said:

Too late now but you should have consulted over this at the time of your mum's death. 

If you transfered the property to both of you and you don't live there is a potential CGT liability.

As you never intend to sell from under him A life interest trust may have been a better option at the time or a vulnerable persons trust with you and someone else as the legal owners managing the trust. 

There may still be options via a vulnerable person trust

If neither of you can afford maintenance then you need to look for other sources of funding. 

The problem being a joint owner is this may impact eligibility, if brother held the beneficial interest that would not be an issue, life interest trust would have done that without you losing your eventual inheritance. 


Are all the care related benefit being claimed? 

As far as I know they are. He gets both PIP and ESA. 

xylophone

In view of your brother's vulnerability (physical and mental), I wonder would there be any prospect of his being offered  a secure tenancy of  suitable accommodation through a local specialist agency, (housing association/almshouse/etc) and if there were, would he consider it?

This would enable you  and your brother to sell the flat (and be free of the burden of maintaining it).

You would be able to access your inheritance and your brother would have some capital (it might be possible to hold this within a trust for a vulnerable person) which could be used for his benefit.

davilown

xylophone said:

In view of your brother's vulnerability (physical and mental), I wonder would there be any prospect of his being offered  a secure tenancy of  suitable accommodation through a local specialist agency, (housing association/almshouse/etc) and if there were, would he consider it?

This would enable you  and your brother to sell the flat (and be free of the burden of maintaining it).

You would be able to access your inheritance and your brother would have some capital (it might be possible to hold this within a trust for a vulnerable person) which could be used for his benefit.

Would be then not be able to claim any means tested benefits if he had the cash?

xylophone

Would be then not be able to claim any means tested benefits if he had the cash?

PIP is not means tested.

Wit regard to ESA, the rules are complex and so would need checking but if the sale proceeds were held in  Trust,  this might not be an issue.

Fire_Fox

mandijg said:

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.

Check the long lease about the roof maintenance. Often the external structure is a joint responsibility, as are foundations, for example. Also check the length of the long lease, if you haven't already extended.

Check your council's website for any help towards maintenance - often they are equity release schemes but sometimes grants, including towards adaptations for homeowners on low incomes with disabilities. Between these you might cut your personal libility for any repairs and maintenance substantially.

Consider lodging something with Land Registry that alerts you at your home address if any attempt is made to put a charge on the property.