Should I be worried? Sibling getting overly comfortable in family house....

The_Walker

macman said:

Dies the will leave the property to you jointly, or simply leave the assets of the estate jointly to you in equal halves? Two very different things. If the latter, as I hope it is, then as an executor she has a duty to discharge the will to the best benefit of the beneficiaries, which means selling it at a commercial price. She can of course purchase it from the estate, but it can't be sold at a discount without the agreement of the other beneficiaries.
If, as executor, she refused to vacate, then the property would remain unsold, as no conveyancer is going to permit their buyer to exchange without vacant possession. And she would then be liable for the maladministration of her executorship.

The wills state the freehold property will be shared equally, not assets.

Gavin83

The_Walker said:

RAS said:

Does anyone have power of attorney with regard to health, and finances, now your parents are in care?

How is their care currently being funded?

We jointly have power of attorney should that be needed. Their care is currently funded partly by the council and partly by their pensions and savings etc. 

This is an extremely important point and I’m not sure why no one has picked up on it yet. If both your parents are in care why is the property being disregarded and the council funding the placement?

Both parents should potentially have been full cost from the moment the second parent entered care. Unless there’s a good reason for this it’s probably an oversight and you’ll likely receive a large bill in the future.

On the plus side it does solve this problem for you. You will no longer have to have this conversation with your sister, the council will evict her. However depending on how long the placement lasts it does create another massive issue as your sister could end up homeless with no funds to buy another property.

Ignore the 60+ element a few others have raised. It’ll be from the start of care so that moment has already passed.

elsien

Gavin83 said:

The_Walker said:

RAS said:

Does anyone have power of attorney with regard to health, and finances, now your parents are in care?

How is their care currently being funded?

We jointly have power of attorney should that be needed. Their care is currently funded partly by the council and partly by their pensions and savings etc. 

This is an extremely important point and I’m not sure why no one has picked up on it yet. If both your parents are in care why is the property being disregarded and the council funding the placement?

Both parents should potentially have been full cost from the moment the second parent entered care. Unless there’s a good reason for this it’s probably an oversight and you’ll likely receive a large bill in the future.

On the plus side it does solve this problem for you. You will no longer have to have this conversation with your sister, the council will evict her. However depending on how long the placement lasts it does create another massive issue as your sister could end up homeless with no funds to buy another property.

Ignore the 60+ element a few others have raised. It’ll be from the start of care so that moment has already passed.

Health funding? 

Councils don’t evict people, not do they sell the house from under people as they have no legal authority to do so.
What would happen is that both power of attorneys are expected to act in the best interest of their parents, and if that means selling the house to fund their care, that is what they have to do. The alternative is for the local authority (or someone else) to go to the OPG  and have the person removed as power-of-attorney if it can be evidenced that they are not acting in their parent’s best interests.Once the parents have lost capacity, which may or may not be the case at present.

The only way in which any of this affects any will is if by the end of it all any assets have been used for care and there is very little to leave as an inheritance.

sevenhills

The_Walker said:

When she stated her plans to renovate and sell, it rang alarm bells immediately. I couldn't believe what I'd just heard tbh.

If she doesn't find house renovation pleasurable and does not have the funds, was that just to make a point?
Her intentions sound selfish, she wants a secure future. It doesn't sound like she is thinking about how to give you 50%
Is she paying board/money to live there? Does she work or have a good pension for when she gets to retirement?

Gavin83

elsien said:

Gavin83 said:

The_Walker said:

RAS said:

Does anyone have power of attorney with regard to health, and finances, now your parents are in care?

How is their care currently being funded?

We jointly have power of attorney should that be needed. Their care is currently funded partly by the council and partly by their pensions and savings etc. 

This is an extremely important point and I’m not sure why no one has picked up on it yet. If both your parents are in care why is the property being disregarded and the council funding the placement?

Both parents should potentially have been full cost from the moment the second parent entered care. Unless there’s a good reason for this it’s probably an oversight and you’ll likely receive a large bill in the future.

On the plus side it does solve this problem for you. You will no longer have to have this conversation with your sister, the council will evict her. However depending on how long the placement lasts it does create another massive issue as your sister could end up homeless with no funds to buy another property.

Ignore the 60+ element a few others have raised. It’ll be from the start of care so that moment has already passed.

Health funding? 

Councils don’t evict people, not do they sell the house from under people as they have no legal authority to do so.
What would happen is that both power of attorneys are expected to act in the best interest of their parents, and if that means selling the house to fund their care, that is what they have to do. The alternative is for the local authority (or someone else) to go to the OPG  and have the person removed as power-of-attorney if it can be evidenced that they are not acting in their parent’s best interests.Once the parents have lost capacity, which may or may not be the case at present.

The only way in which any of this affects any will is if by the end of it all any assets have been used for care and there is very little to leave as an inheritance.

If it was health funded then the council wouldn’t be contributing to it nor would the residents themselves.

Councils won’t directly evict people, no. However they won’t just ignore the debt either and they will enforce it, which could lead to the house being sold. Depends on the level of debt. Councils can be ruthless in debt recovery and I’ve seen people put in very difficult positions because of this.

It’s all theory until the length of stay is known. However I stand by what I said, questioning the funding of this is a valid point. It’s not uncommon for councils to not be informed of a change of circumstances.

sevenhills

Gavin83 said:

elsien said:

Gavin83 said:

The_Walker said:

RAS said:

Does anyone have power of attorney with regard to health, and finances, now your parents are in care?

How is their care currently being funded?

We jointly have power of attorney should that be needed. Their care is currently funded partly by the council and partly by their pensions and savings etc. 

This is an extremely important point and I’m not sure why no one has picked up on it yet. If both your parents are in care why is the property being disregarded and the council funding the placement?

Both parents should potentially have been full cost from the moment the second parent entered care. Unless there’s a good reason for this it’s probably an oversight and you’ll likely receive a large bill in the future.

On the plus side it does solve this problem for you. You will no longer have to have this conversation with your sister, the council will evict her. However depending on how long the placement lasts it does create another massive issue as your sister could end up homeless with no funds to buy another property.

Ignore the 60+ element a few others have raised. It’ll be from the start of care so that moment has already passed.

Health funding? 

Councils don’t evict people, not do they sell the house from under people as they have no legal authority to do so.
What would happen is that both power of attorneys are expected to act in the best interest of their parents, and if that means selling the house to fund their care, that is what they have to do. The alternative is for the local authority (or someone else) to go to the OPG  and have the person removed as power-of-attorney if it can be evidenced that they are not acting in their parent’s best interests.Once the parents have lost capacity, which may or may not be the case at present.

The only way in which any of this affects any will is if by the end of it all any assets have been used for care and there is very little to leave as an inheritance.

If it was health funded then the council wouldn’t be contributing to it nor would the residents themselves.

Councils won’t directly evict people, no. However they won’t just ignore the debt either and they will enforce it, which could lead to the house being sold. Depends on the level of debt. Councils can be ruthless in debt recovery and I’ve seen people put in very difficult positions because of this.

It’s all theory until the length of stay is known. However I stand by what I said, questioning the funding of this is a valid point. It’s not uncommon for councils to not be informed of a change of circumstances.

If both daughter and son have joint power of attorney, the OP may have no idea what his sister is telling the council. Not everyone is honest.

Norman_Castle

The_Walker said:

When she stated her plans to renovate and sell, it rang alarm bells immediately. I couldn't believe what I'd just heard tbh.

Be ready if she mentions it again. Agree that her suggestion is an option but you will both need to discuss it properly when the time comes.

Schwarzwald

If she mentions renovation next time, just pick up  the conversation and ask how she thinks about costs, benefits, selling the house (once parents have passed) and how she thinks about splitting potential proceeds with you, etc

guess only speaking about it with her will help you understand her intentions and expectations, everything else is pure speculation, we all dont know your family’s dynamics …

london21

It will be easier to sell it and each person gets their 50/50

There will be problems if she claims she renovated, spent this etc.

Get your parents or solicitors involved when necessary. 

silvercar

london21 said:

It will be easier to sell it and each person gets their 50/50

There will be problems if she claims she renovated, spent this etc.

Get your parents or solicitors involved when necessary. 

If the will stipulates 50/50 then that is what it is.

could your sister get a mortgage to buy your share. It would be a smaller sum to raise if the property hasn’t been improved.