Possible dispute over jointly inherited house

DepositSaver

wannabe_a_saver said:

DepositSaver said:

I think a t this point it would be reasonable to say to the solicitor acting as administrator that you do not wish to buy the house so believe it will need to be sold, and leave them to deal with it.
From what the administrating solicitor said, I don't think I can unilaterally tell them it needs to be sold, my brother and I need to agree what happens to it. I guess because if he doesn't agree it should be sold he could just refuse to move out. 

Then the solicitor as executor would start court proceedings to evict him in order to fulfil his legal duty to execute the will. The costs of that would come from the estate but at this point that's still a better deal for you. 

Your brother doesn't sound vulnerable, he sounds spoilt and selfish. 

I think this is probably another reason I have tried to discuss other options with my brother - the thought of getting my own brother evicted makes me feel I would be a terrible person. 

Savvy_Sue

You do not sound like the terrible person in this situation ...

mrschaucer

DepositSaver said:

Thank you. The solicitor had told us we need to agree what happens to the house, and that if we can't agree we both need to take independent legal advice. I'd be concerned that if I just say I want 50% of the estate the solicitor would just spilt the cash and put the house into both our names, which I really don't want. Although he did say in his email to us that to fulfil the terms of the will the house would need to be sold and the proceeds split, so I would hope that means his solution would be to sell. 

As previously said, the solicitor can't force you into ownership of half a house, and you can't agree with your brother.  There is nothing left other than the administrating solicitor selling the house and fulfilling the terms of the will.  If he wants you to take independent legal advice then so be it - a letter from your independent solicitor stating the above won't cost much.
Your father has tried to be fair to both his sons.  The administrating solicitor must do what it takes to make it happen (and you can rest assured HE will not be emotionally blackmailed.)

Spendless

I've been reading through and of some of the options suggested include you having a charge on any property of your brothers in return for him having more now that you may not receive until later in life. You have considered you may never receive it, haven't you? (you may have, I just haven't seen it written about unless I've skipped past it). Your brother could outlive you, that could be the case even if there's a large age gap between you. Or you be very elderly, when you do receive the rest of your share . Unless you were expecting a change of your brother's circs at some point that would release your bit to you eg you expect him to go back to full time work at some point and be able to get a mortgage to release your money? 

wannabe_a_saver

DepositSaver said:

wannabe_a_saver said:

DepositSaver said:

I think a t this point it would be reasonable to say to the solicitor acting as administrator that you do not wish to buy the house so believe it will need to be sold, and leave them to deal with it.
From what the administrating solicitor said, I don't think I can unilaterally tell them it needs to be sold, my brother and I need to agree what happens to it. I guess because if he doesn't agree it should be sold he could just refuse to move out. 

Then the solicitor as executor would start court proceedings to evict him in order to fulfil his legal duty to execute the will. The costs of that would come from the estate but at this point that's still a better deal for you. 

Your brother doesn't sound vulnerable, he sounds spoilt and selfish. 

I think this is probably another reason I have tried to discuss other options with my brother - the thought of getting my own brother evicted makes me feel I would be a terrible person. 

Not at all, nobody can say you didn’t do everything you could to try and be helpful to him. 

Sea_Shell

Just because you won't fall on your sword, doesn't make you a terrible person.

You've had the patience of a saint, so far.

calleyw

DepositSaver said:

I think this is probably another reason I have tried to discuss other options with my brother - the thought of getting my own brother evicted makes me feel I would be a terrible person. 

Its always a shock when someone dies.  But from what you have written I was not surprised the executor stepped down.  Please don't feel bad your brother has made his bed and now he needs to lie in it.  He wont be reasonable and is being very selfish its all about him and nothing about you.  Stop being nice.  Now is the time to be selfish.  And with draw all offers and tell him that because he wont compromise its going to start costing both of you money as it will come from estate from now on if he does not agree to sell the house.  Be firm and tell him you don't want to own half a house or even lend him any money to buy a new place. 

You have your own family and life.  Thats why letting a solicitor deal with it means you are out of the firing line and if means you never talk to your brother again from what you say there has never been a strong relationship there so be it.

Sadly death often brings out worst in people.  I don't believe you have been money grabbing you are asking for what you are legally entitled to as per the will. As I said before I would be telling him that your dad would be ashamed of him and attitude and demands. When the estate was clearly left 50/50 which means both of you get the same amount.

I hope this get resolved soon.

Yours

Calley

AnotherJoe

Enoughs enough you are being taken advantage of.

Take legal action to have him evicted and force a sale.

He can buy a smaller house with the 50%.

NeverTooLate

DepositSaver said:

I admit I probably hadn't fully thought it through when I first discussed it with him, but we'd just lost our dad very suddenly and I was faced with a brother complaining that things weren't being sorted fast enough, who was shocked to find it might not be as simple as just we split the cash and co-own the house, who kept telling me he was finding it really stressful and it was making him ill, who kept pressuring me to get things sorted, who kept refusing to discuss anything other than him getting to stay in the house, who was so rude, unpleasant and difficult that the executor renounced. I was probably reacting the same as my dad did and thinking anything for a quiet life. To be honest, I feel emotionally blackmailed, I think he's a bit of a bully, and at times I am scared to to tell him things I know he won't like.

I really feel for you having to make these hugely difficult decisions when you've just lost your Dad.

I believe that I will be in exactly your position in the near future and at the moment cannot see a solution. Please keep us updated on your progress.

Greatgimp

I believe that I will be in exactly your position in the near future and at the moment cannot see a solution. Please keep us updated on your progress.

Me too, one day. I've tried making decisions for you, but cannot see a solution. I doubt if I can evict my brother too, but he's had many, many years where his biggest decision was which cereal to have each morning... I'm not looking forward to the inevitable.