How long am I allowed in my parent’s house, after their passing?

JJWSJS8700

diystarter7 said:

Hi

I've read this thread when it first appeared.

Correct me if I many have misremembered what one of my clients was telling me many years ago.

TThe client/lady lost her husband years ago and became good friend with another bloked when they were in their 60's - then the bloke moved in and when I saw them they'd been living together for about 10 odd years. She said that she had got it in writing that if she was to die first, her children would not be able to sell their property or charge rent to her partner as long as he was alive and wanted to live there. Is there anything like that legally binding in England? 

Sorry OP re your loss but if I was your brother, I'd want a clean cut so no rental, ifs or buts. Please try to see it from his side
Good luck

Beneficial interest/trust  until death, but this is not co co-habiting  partners, this house is inherited by 2 siblings.

diystarter7

JJWSJS8700 said:

diystarter7 said:

Hi

I've read this thread when it first appeared.

Correct me if I many have misremembered what one of my clients was telling me many years ago.

TThe client/lady lost her husband years ago and became good friend with another bloked when they were in their 60's - then the bloke moved in and when I saw them they'd been living together for about 10 odd years. She said that she had got it in writing that if she was to die first, her children would not be able to sell their property or charge rent to her partner as long as he was alive and wanted to live there. Is there anything like that legally binding in England? 

Sorry OP re your loss but if I was your brother, I'd want a clean cut so no rental, ifs or buts. Please try to see it from his side
Good luck

Beneficial interest/trust  until death, but this is not co co-habiting  partners, this house is inherited by 2 siblings.

Great stuff, thanks

Deisel_Weisel

Catsacor said:

@Deisel_Weisel what are your thoughts now, update the thread please.

Apologies for taking so long to revisit this thread, and thanks for all the input, appreciated.

So, I was looking for a legal angle, on staying in the house for say 6-12 months, but there appears to be none.

My brother is not a very nice person. He is very selfish, controlling and arrogant. Twice in recent years, when our parents were still alive, he showed an unhealthy interest in gaining access to the will. The second time when my father was on his deathbed. Instead of being at my father’s side, he was elsewhere trying to get his hands on the will. If my parents had been more compos mentis, these past years, I doubt whether he’d still be in the will. We don’t talk/communicate. TBH, I’d be very happy to never see him again.

Both myself and my brother are listed in both my parent’s will’s as executors. He already has a solicitor on the case, threatening to take me to court if the wills aren’t handed over to a probate registry.

House is worth about £1m, and money about £300-350k – after inheritance tax, my half may come to £100k?

As I said, I’m confident in making good profits from two enterprises. That £100k would come in useful, but not essential. Without the £100k, but all things going well, but not being granted a mortgage for my brothers half of the house (£500k), I think I could stretch to paying the £500k by the end of September 2023.

So my next thought is some kind of time delaying tactic, until September. I know nothing of the probate process. If I manage to register as a will executer, before him, does that mean he can’t register? Are there any delaying tactics available to me?

elsien

Deisel_Weisel said:

Catsacor said:

@Deisel_Weisel what are your thoughts now, update the thread please.

Apologies for taking so long to revisit this thread, and thanks for all the input, appreciated.

So, I was looking for a legal angle, on staying in the house for say 6-12 months, but there appears to be none.

My brother is not a very nice person. He is very selfish, controlling and arrogant. Twice in recent years, when our parents were still alive, he showed an unhealthy interest in gaining access to the will. The second time when my father was on his deathbed. Instead of being at my father’s side, he was elsewhere trying to get his hands on the will. If my parents had been more compos mentis, these past years, I doubt whether he’d still be in the will. We don’t talk/communicate. TBH, I’d be very happy to never see him again.

Both myself and my brother are listed in both my parent’s will’s as executors. He already has a solicitor on the case, threatening to take me to court if the wills aren’t handed over to a probate registry.

House is worth about £1m, and money about £300-350k – after inheritance tax, my half may come to £100k?

As I said, I’m confident in making good profits from two enterprises. That £100k would come in useful, but not essential. Without the £100k, but all things going well, but not being granted a mortgage for my brothers half of the house (£500k), I think I could stretch to paying the £500k by the end of September 2023.

So my next thought is some kind of time delaying tactic, until September. I know nothing of the probate process. If I manage to register as a will executer, before him, does that mean he can’t register? Are there any delaying tactics available to me?

And then you wonder why you and your brother don’t get on? 

Savvy_Sue

If you are both named as executors, then you need to act together, unless one of you is willing to give the other 'power reserved' or renounce the role. 

You can delay by getting your own solicitor involved. Between you, you should be able to generate significant delays, and reduce the size of your respective inheritances quite swiftly. 

Is that what you want?

DaisyDo

I am currently dealing with a similar situation but from the otherside, and its causing me a huge amount of stress waiting for a sibling to decide one simple thing.

You can either afford to buy out the other sibling or you cannot.

Do you brother a favour and be honest about your situation and plans.

poppystar

A friend was in this situation, sibling refusing to leave house. This meant she could not access her inheritance and use it to make her last years more pleasant. Dying before the sibling who is sitting on the house meant she got nothing in her lifetime. 

Why would you want to do that?

Peterrr

Deisel_Weisel said:

Catsacor said:

@Deisel_Weisel what are your thoughts now, update the thread please.

Apologies for taking so long to revisit this thread, and thanks for all the input, appreciated.

So, I was looking for a legal angle, on staying in the house for say 6-12 months, but there appears to be none.

My brother is not a very nice person. He is very selfish, controlling and arrogant. Twice in recent years, when our parents were still alive, he showed an unhealthy interest in gaining access to the will. The second time when my father was on his deathbed. Instead of being at my father’s side, he was elsewhere trying to get his hands on the will. If my parents had been more compos mentis, these past years, I doubt whether he’d still be in the will. We don’t talk/communicate. TBH, I’d be very happy to never see him again.

Both myself and my brother are listed in both my parent’s will’s as executors. He already has a solicitor on the case, threatening to take me to court if the wills aren’t handed over to a probate registry.

House is worth about £1m, and money about £300-350k – after inheritance tax, my half may come to £100k?

As I said, I’m confident in making good profits from two enterprises. That £100k would come in useful, but not essential. Without the £100k, but all things going well, but not being granted a mortgage for my brothers half of the house (£500k), I think I could stretch to paying the £500k by the end of September 2023.

So my next thought is some kind of time delaying tactic, until September. I know nothing of the probate process. If I manage to register as a will executer, before him, does that mean he can’t register? Are there any delaying tactics available to me?

Hold on a minute... if the estate totals at least £1.3m, how on earth do you think you only stand to get £100k after inheritance tax?
Forgive me if I've missed any salient posts, but the net estate after tax could be nearly £1.2m (assuming the first parent left everything to the second parent) so your half would be £600k - enough to buy a nice property for yourself. Don't go engaging solicitors and delay tactics otherwise it could very well dwindle to £100k. Get in touch with your brother and expedite proceedings for the benefit of you both.

poppystar

Peterrr said:

Deisel_Weisel said:

Catsacor said:

@Deisel_Weisel what are your thoughts now, update the thread please.

Apologies for taking so long to revisit this thread, and thanks for all the input, appreciated.

So, I was looking for a legal angle, on staying in the house for say 6-12 months, but there appears to be none.

My brother is not a very nice person. He is very selfish, controlling and arrogant. Twice in recent years, when our parents were still alive, he showed an unhealthy interest in gaining access to the will. The second time when my father was on his deathbed. Instead of being at my father’s side, he was elsewhere trying to get his hands on the will. If my parents had been more compos mentis, these past years, I doubt whether he’d still be in the will. We don’t talk/communicate. TBH, I’d be very happy to never see him again.

Both myself and my brother are listed in both my parent’s will’s as executors. He already has a solicitor on the case, threatening to take me to court if the wills aren’t handed over to a probate registry.

House is worth about £1m, and money about £300-350k – after inheritance tax, my half may come to £100k?

As I said, I’m confident in making good profits from two enterprises. That £100k would come in useful, but not essential. Without the £100k, but all things going well, but not being granted a mortgage for my brothers half of the house (£500k), I think I could stretch to paying the £500k by the end of September 2023.

So my next thought is some kind of time delaying tactic, until September. I know nothing of the probate process. If I manage to register as a will executer, before him, does that mean he can’t register? Are there any delaying tactics available to me?

Hold on a minute... if the estate totals at least £1.3m, how on earth do you think you only stand to get £100k after inheritance tax?
Forgive me if I've missed any salient posts, but the net estate after tax could be nearly £1.2m (assuming the first parent left everything to the second parent) so your half would be £600k - enough to buy a nice property for yourself. Don't go engaging solicitors and delay tactics otherwise it could very well dwindle to £100k. Get in touch with your brother and expedite proceedings for the benefit of you both.

I think it’s half of the cash after iht. OP isn’t including the house that they don’t want to let go of?