Can I request higher percentage of ownership of inherited house?

Robert_McGeddon

Rozzierae said:

During this time they said to me that I should have the house, if she had gone into a home 80% of its value would’ve been used up in care home fees by now.

 I think negotiation and being reasonable (on both sides) is key here.  There's no need to rush into it - you're both bound to be emotionally stressed at the moment. So try to have a meeting with your brother. Raise the above comment he/they made. Point out that your efforts meant you couldn't take paid employment so you're significantly out-of-pocket. Also try to see the matter from your brother's perspective - there may be factors you're not aware of.

Mention that a Deed of Variationis is possible to split the Estate other than 50/50 - he may not know that.

Bottom line is that even with no DoV you still get half - a lot better than nothing!

thegreenone

Robert_McGeddon said:

 So try to have a meeting with your brother.

Ask to meet with your brother on his own, after the funeral.  One-to-one across a table will be less intimidating than two-to-one bombarding you with what they think should happen.  Go prepared with suggestions and pros and cons for all scenarios.

I hope you can find an amicable solution.

Twixty3

Rozzierae said:

Twixty3 said:

Sorry for your loss. Dementia is awful.

Sometimes these disabled adaptations grants do have to be at least part paid upon death so you should check that out if you haven't already.

If your brother does not agree to you having a larger share it is still possible that he could take into account that this is potentially may be your only chance of owning property if that is the case  and you could mutually agree that he would get his share later somehow if you cannot afford to buy him out but that you live in and  maintain the house and therefore future increases in value could be yours.  Joint ownership/tenants in common could be a possibility although he would have a tax liability when it is sold later. 

Let him know what you think and various possible options for agreement then let him ponder it.  He needs to know how you feel/think and come to his decision,  whatever that may be,  and hearing your view may make him consider something he has not already thought about. 
 

Good luck  

I hope he does consider this, I have said this is about security, not money. It is.also an investment for his daughter, who I love dearly. It is not a major investment, it's a two bed starter home, but my mum loved it, they came down 2-3 times a year while I lived round the corner and saw her every day, even before the dementia. She loved us equally though, and I wouldn't want him to feel cheated. Hopefully I can buy him out in the future. I need to get my head clear and talk to him about it. Thank you

Please  bear in mind that if your brother says no it does not make him a bad person as it is his entitlement to do with as he sees fit.

This is the real difficulty here in this situation, but as part of the negotiations you both lay out your  ideas and plans where you both listen to each other and then a decision is made. 

I agree there is no huge rush to do it given the situation. 

Whether you take it further is up to you but it likely would be a long and protracted process never mind expensive and may cause rifts. Any decision would probably be weighed against the law of intestacy which does not take financial situations of the receivers (not sure if that is the right word) into account.

missnosey122

Twixty3 said:

Rozzierae said:

Twixty3 said:

Sorry for your loss. Dementia is awful.

Sometimes these disabled adaptations grants do have to be at least part paid upon death so you should check that out if you haven't already.

If your brother does not agree to you having a larger share it is still possible that he could take into account that this is potentially may be your only chance of owning property if that is the case  and you could mutually agree that he would get his share later somehow if you cannot afford to buy him out but that you live in and  maintain the house and therefore future increases in value could be yours.  Joint ownership/tenants in common could be a possibility although he would have a tax liability when it is sold later. 

Let him know what you think and various possible options for agreement then let him ponder it.  He needs to know how you feel/think and come to his decision,  whatever that may be,  and hearing your view may make him consider something he has not already thought about. 
 

Good luck  

I hope he does consider this, I have said this is about security, not money. It is.also an investment for his daughter, who I love dearly. It is not a major investment, it's a two bed starter home, but my mum loved it, they came down 2-3 times a year while I lived round the corner and saw her every day, even before the dementia. She loved us equally though, and I wouldn't want him to feel cheated. Hopefully I can buy him out in the future. I need to get my head clear and talk to him about it. Thank you

Please  bear in mind that if your brother says no it does not make him a bad person as it is his entitlement to do with as he sees fit.

This is the real difficulty here in this situation, but as part of the negotiations you both lay out your  ideas and plans where you both listen to each other and then a decision is made. 

I agree there is no huge rush to do it given the situation. 

Whether you take it further is up to you but it likely would be a long and protracted process never mind expensive and may cause rifts. Any decision would probably be weighed against the law of intestacy which does not take financial situations of the receivers (not sure if that is the right word) into account.

Financial provision act does take into account all beneficiaries circumstances financial, health, children etc because to give to 1 they have to take from another it needs to be as fair as possible