Brother gone behind my back for probate

elsien

Seems fair enough that you’re paying the utilities and council tax given that you’re the one living there. He will be paying those at his own address. 

Can you not see it from his perspective? He has half a house which he is currently getting no benefit from at all. 

What would you suggest is a fair compromise? Taking into account future maintenance costs etc which at the moment you should both be liable for? 

xylophone

 Or wants rent from me,

You will be tenants-in common.

He can want on?   https://www.lawteacher.net/lectures/land-law/co-ownership/joint-tenancy-v-tenancy-in-common/#:~:text=Between the tenants in common,sole occupation of the land

Liability of occupation rent

Between the tenants in common, it is usually the case that no one tenant in common can require the other tenant(s) in common to pay rent, even where one of the tenants in common effectively enjoys sole occupation of the land. In this case of sole occupancy, what occurs is not an abrogation of the right to possession on the part of the tenant in common who is not in occupation. Their non-occupation is a matter of voluntary choice, and does not give rise to a relationship of landlord and tenant 

calleyw

Seems you are bad as each other.  You want more than you are legally entitled to.  And your Aunt could not have protected you. If she had followed the wishes of a letter rather than legally binding will then all hell would have broke out.

You both have little respect for each as according to you he went behind your back.  I wonder what he is thinking about you, that you are being greedy.

Both you and your mum are at fault as I would never invest in a property unless I knew that I had a legal share of it.  So the person to be angry at is yourself and your mum.  Would you have been like this if it was an exceutor out side of the family such as solicitor?

Unless your brother agrees to a deed of variation to let you have the house.  Which he does not sound like he will.  He has no choice but to follow the will. 

And before you start to suggest how unfair it all is. I can't even begin to understand I do. I am not going in to it here.  But lets say it not just a few thousand involved.

REDSPARTAN

He does live here half the week he comes and goes as he pleases. I don't want whole house just not to be evicted through spite I'm happy to pay for bills and maintenance

REDSPARTAN

elsien said:

Seems fair enough that you’re paying the utilities and council tax given that you’re the one living there. He will be paying those at his own address. 

Can you not see it from his perspective? He has half a house which he is currently getting no benefit from at all. 

What would you suggest is a fair compromise? Taking into account future maintenance costs etc which at the moment you should both be liable for? 

He is still here half the week comes and goes as he pleases, has all his things here.

elsien

Where is he the other half of the week? Does he have another home? Did he spend  half his time there when mum was alive? 

REDSPARTAN

elsien said:

Where is he the other half of the week? Does he have another home? Did he spend  half his time there when mum was alive? 

With friends / partner I guess I have no idea. He is very secretive.He has many rental properties.
No he didn't spend time here when his mum was alive moved out at 20 but used to bring all his junk here to store 

elsien

So he’s probably doing it to make the point then, that’s it’s half his. 

So going back to the original point, what would you suggest as a compromise? 

Can you afford to buy him out?

maman

elsien said:

So he’s probably doing it to make the point then, that’s it’s half his. 

So going back to the original point, what would you suggest as a compromise? 

Can you afford to buy him out?

OP said that there are details in the letter of wishes that his mother left. I wonder if that detailed how the other son would be able to access the 50% she'd left to him. Surely there must be something otherwise, assuming that the brothers are close in age, it's hardly fair for one to live rent free in a house he only part owns and the other to wait for potentially decades to realise his inheritance. 

Marcon

REDSPARTAN said:

He doesn't want house sold, just doesn't want me in it. Or wants rent from me, though he has alot of his things here and comes and goes as he pleases. I pay all bills and council tax
All possessions in house are mine all the years I paid for maintenance, i did maintenance and looked after my very sick ailing mother. Put in new kitchens new bathrooms decoration, looking after gardens.
This was all mentioned in mums wishes letter.

Why in the letter (which isn't binding) but not in the will (which would be binding)?