Visitation Rights to Family Home - Sibling Residing. And deeds!

Malthusian

The house is probably worth £80/90k.  I've suggested an apartment for around £60k, no outside space to look after and just about zero maintenance cost, she wants a house :-S  If I gifted my 25%, that'd really help. 

I can't see the point of wasting the youngest sister's time looking at flats worth £60k when she has only max £40k to spend (her share + your share). And she needs to allow for the costs of selling and an allowance for refurbishment, emergency fund etc. It sounds dubious whether she will be able to qualify for a mortgage. (Certainly there is no point in you helping her flat-hunt for properties worth more than £40k until she has seen a mortgage lender or broker and got a decision in principle.)
£20k is more than enough to find a rental property.

However the middle sister is a mystery, she fully supports the youngest, but she has been on about her share for her children - she her share is not guaranteed by any means.

The middle sister is an ideal position - she is going to get her share but the eldest has taken on the whole burden of playing the bad guy.
I disagree that you "should" give away your share - your mother's dying wish as expressed in her Will was for you to have it. If it would make you feel better to give it to the youngest, go for it. You can't control how she feels about it or whether she talks to you afterwards. Nor what she spends it on.

MadMonkey007

Sea_Shell said:

Maybe your eldest agreed "verbally" to the youngest keeping the house, just to keep everyone sweet.  But knowing full well what the will said, and knew it (verbal) wouldn't be be enforceable.


Or she could have simply changed her mind.   

Maybe her own circumstances have changed and she now doesn't feel she can just right off 1/4 of mums estate.

It's easier to write off money "in theory" but harder once it becomes real.

Maybe.

I would have to agree with this statement, nobody would say no to a woman who didn't have long left.

When I agreed, I meant it, so following through with a Deed of Variance sounds ideal.

That said, I can also see the eldest changing her mind.  From what I gather, she did all the running around sorting out Probate, and ironically at that stage the eldest wasn't talking to me.

Sea_Shell

Only you can decide whether to "fall on your sword" as it were and agree to gift your share to youngest, even if the house is sold.

But in reality, what does it achieve?

If she still won't have enough to buy everyone out, or buy something else, then are you happy to subsidise her rent going forward instead?

Did you only agree to gift your share so she could keep "the" house, not "any" house?

theoretica

Do you need to do anything?  You renounced executorship - and the reasons for doing that sound as though they also apply to organising anything now. You need to decide how much, if any, of the quarter you are entitled to under the will you will be giving to your youngest sibling, and if that is dependent on anything else. 

msb1234

Deleted_User said:

MadMonkey007 said:

naedanger said:

Why is the eldest sister not willing to keep the verbal agreement she made with her mother and her siblings?

If she won't keep her verbal agreements I don't think she should be surprised when others don't either.

While she is obligated to follow the Will that does not prevent her keeping her word.

Also if she is following the Will to the letter then what does the Will say should happen to your late mother's personal possessions? 

All I can think of, is that three of us flew the family home, got full-time jobs and had kids, while the youngest just stayed at home and got a part-time job after uni.  A life lesson maybe.

The eldest will not change her mind, even if its three against one.  My sisters are all very stubborn.

Any named items in the Will have already been gifted to each of us.  I think in case they disappeared.

It is all one giant mess.

This all sounds wrong and like bullying to me. You all agree that your mums dying wish was for the youngest to have the house why not just give it to her? Assuming you respect your mother's wishes and not blinded by money/greed. 

If your sister wants to work part time, that's her business. I have 3 brothers and I'm the only who owns a property and earns over £30k a year. Of course, I would love to inherit some significant cash (I'm hardly rolling in it), but understand my situation is different from the others. My mum asked my about inheritance and my suggestion was she give it to the 2 other siblings so they can get on the property ladder and build some generational wealth.

Your mums dying wish was for the youngest to have the property and you ALL agreed to it. Just follow her damn dying wish and stop being snakes by reneging on it. Should have brought your issues up before she passed. 

Maybe the sister just felt she couldn’t go against her mum’s verbal wish when she was dying - the mother should have written a will that mirrored her wishes - she didn’t. And to be honest, if my mum had left her house to 1 sibling, the rest of us would have been pretty peed off. This could be a house worth £500k. Why should 1 sibling inherit that whilst the other 3 get nothing?

Pennylane

People who are near the end of life are usually very tired, often on a lot of drugs and confused.  As my Mum was declining she told me loads of times how she appreciated everything I had done for her and how she would never have coped without me.  She told me I was the most caring of her children and she would ensure I was well rewarded after she passed away.  

However, I knew we would all be treated equally as she had left her Will with me and there was no provision for me to get any more.    It didn’t bother me  because everything  I did, I did because I loved her.  So even the child who ignored her for years and never even bothered sending  her cards at Xmas and Birthday got the same as me but never lifted a finger to help her.  

The only way to ensure you leave what you want to your family is to write it in your Will but I guess we all think we will live for ever.  😢

getmore4less

Now youngest has all the bills to pay(how much was she contributing before?) it may sink in that the place may not be affordable.

Make sure the council tax has been sorted there is no free period for occupied property.

One error as giving 12months when 11 months had already passed.

Remember there is a tax based deadline of 2 years from DOD to do a gift via DOV(with the tax benefits)  after that the gifts become regular gifts 

If youngest plays the long game you could be looking at at least another year and a costly legal battle.

A compromise might be to let the long game play out, do a DOV to give the youngest life interest  but only for that property.

If she has to move because its too expensive the trust is dissolved and distributed 4 ways.

if she stay the other siblings kids get the share if the youngest out lives them.