Buying out my sibling

Prothor

           

TonyMMM

I'm sorry to say that this should have been sorted out 3 years ago when dealing with your father's estate  - it sounds like you couldn't afford to take on the house and it should really have been sold at the time and the proceeds split between you then.

Your brother is absolutely entitled to ask for his inheritance and if you can't pay in any other way then the house will have to be sold now.

Regarding rent - yes, he owns half the house and could ask for rent - what arrangement was agreed when you moved in ?  

Who was the executor of your father's estate ? They have a legal responsibility for ensuring the estate is distributed according to the will/law.

hildosaver

My wife is in a similar situation - her mother passed away around 2 years ago and my wife's sister moved into their mum's house. Despite many requests to get the house cleared out so it can be valued and then my wife's sister buying out my wife very little progress has been made.

No rent has ever been paid to my wife and essentially her sister has been able to live mortgage free in the house for over 2 years now and my wife has received nothing to date. Feels very unfair to me.

Any time this is discussed my wife's sister says she doesn't feel ready to discuss it as it is impacting on her mental health.

We badly could do with the money as my wife is on maternity leave and is unlikely to be able to work when that finishes so we will be down to one income.

Not really sure what we can do with the sister so reluctant to do anything (who can blame her, she has essentially got everything).

MWT

hildosaver said:

Not really sure what we can do with the sister so reluctant to do anything (who can blame her, she has essentially got everything).

Same question as the earlier example, who was the Executor of the estate?

hildosaver

MWT said:

hildosaver said:

Not really sure what we can do with the sister so reluctant to do anything (who can blame her, she has essentially got everything).

Same question as the earlier example, who was the Executor of the estate?

Not sure to be honest - some solicitor from their local town I think. I'll ask my wife this evening. All I know is that no specifics about how the house would be dealt with was ever really discussed at the time as I assume they just thought everything would be sorted out between the sisters but it hasn't been.

bmthmark

I think this must be a fairly common situtation.

The house should of been sold and the money split equally (3 years a go). I know this doesn't help you now, but unfortuantely the right way to do this is sell the house and split it equally between yourself and your brother. This may cause you a problem, so maybe you need to downsize.
It must be just as stressful for your brother as he is entitled to his half but must know the issues.