No room for the disabled

ellenGB

Executor is lawyer. I imagine house us in mum’s name but brother and I are listed as co-owners. No. It was a signed loan. Brother even suggested I add interest. 

I don’t understand the will as far as house goes but assume mum meant her half to be split between brother and me. Beneficiaries are her grandchildren and two charities. Not much. Estate owes me more.  

Talked to carer who agrees I cannot move because of disability so must buy brother out. Hence equity release. 

Sea_Shell

Have you actually got a copy of the will?  If not you really need to try and get one (although you're not entitled until probate's been granted)

What was meant to happen is by the by.  What is actually stated in the will is what counts.

Charities have a reputation of going after any legacies with determination, so it's critical to KNOW if the house is dealt with separately, or if part of overall estate.

Do charities get a % of residual estate, or a specified amount?

lisyloo

ellenGB said:

Executor is lawyer. I imagine house us in mum’s name but brother and I are listed as co-owners. No. It was a signed loan. Brother even suggested I add interest. 

I don’t understand the will as far as house goes but assume mum meant her half to be split between brother and me. Beneficiaries are her grandchildren and two charities. Not much. Estate owes me more.  

Talked to carer who agrees I cannot move because of disability so must buy brother out. Hence equity release. 

In principle equity release seems to be a good idea.
I just did a quick calc on saga and it gave a 37.5% return for 65 year old.
that would not be enough to buy out your brothers 50%.
do you have other savings?

Mojisola

ellenGB said:

Ownership has not changed yet. Social care where I live is appalling. I am main person to whom mum was in debt. I did mention my role as payer of care and repairs before. Not bothered about being repaid now. 

Why not?  The estate owes you money - your brother seems to be financially secure - all you are doing by not asking for the debt to be repaid is putting more money in his and his children's accounts.

74jax

Apologies for asking. But why can't you move?

I am NOT trying to play down your disability AT ALL - we don't know what it is.

 But the area you are in, you say, is very bad in helping you, you have no carer and can't find one. There's an ongoing history in your area of bad service in the council, health and social care.

If it's physical then there's plenty of places that can help you move and organise moving etc. 

You are clearly mentally able - liaising with multi companies and agencies and have memory to remember facts etc.

I'd look at moving to somewhere smaller, sort inheritance, clear any outstanding issues with Will and start afresh. In a community with helpers, carers etc. Facebook is amazing for groups to do shopping etc.

The area you are in is not helping you. 

lisyloo

Mojisola said:

ellenGB said:

Ownership has not changed yet. Social care where I live is appalling. I am main person to whom mum was in debt. I did mention my role as payer of care and repairs before. Not bothered about being repaid now. 

Why not?  The estate owes you money - your brother seems to be financially secure - all you are doing by not asking for the debt to be repaid is putting more money in his and his children's accounts.

Would be good if ellenGB could clarify if the debts are formalised in any way.

My guess is that ellen has paid for all sorts of things for her mother (of course with the best of intentions) with no proper records and therefore pretty much has to write it off in the circs.
If the family was on good terms they might be able to come to some arrangement but they are clearly not.

sheramber

lisyloo said:

Mojisola said:

ellenGB said:

Ownership has not changed yet. Social care where I live is appalling. I am main person to whom mum was in debt. I did mention my role as payer of care and repairs before. Not bothered about being repaid now. 

Why not?  The estate owes you money - your brother seems to be financially secure - all you are doing by not asking for the debt to be repaid is putting more money in his and his children's accounts.

Would be good if ellenGB could clarify if the debts are formalised in any way.

My guess is that ellen has paid for all sorts of things for her mother (of course with the best of intentions) with no proper records and therefore pretty much has to write it off in the circs.
If the family was on good terms they might be able to come to some arrangement but they are clearly not.

Th eOP has already said

No. It was a signed loan. Brother even suggested I add interest. 

ellenGB

Before you start assuming that I did the wrong thing, I am disabled, not stupid. Have paper work, invoices etc. Do not assume based on nothing. Leave that to politicians. Dr EMG

ellenGB

I wish to end things here. Law is simple. I have time. Disability can be a reason not to evict. Just talked to executor. Brother is wrong. 

nanapop1977

I'm sorry for your loss and wish you well for the future (as I'm sure do other posters).

I'm sure you are still grieving and understandably, this makes difficulties even harder to process, especially without the support of family and friends. 

I hope things ultimately work out as you would like, but if I were you, I'd being thinking about a plan B just in case...

Good luck with it all.