Brother Refusing to Leave Inherited Property

Slinky

apReasonable2681 said:

Slinky said:

Are you in danger of losing a buyer and clocking up a fee from the estate agent for introducing a 'willing and proceedable buyer'? How much is the EA's fee on a £1m+ property? Try suggesting to the younger brother that this will be deducted from his share?

The fee is 1.15 percent

So with the VAT, that's nearly £16,000 if the sale aborts through your brother being intransigent.

apReasonable2681

Slinky said:

apReasonable2681 said:

Slinky said:

Are you in danger of losing a buyer and clocking up a fee from the estate agent for introducing a 'willing and proceedable buyer'? How much is the EA's fee on a £1m+ property? Try suggesting to the younger brother that this will be deducted from his share?

The fee is 1.15 percent

So with the VAT, that's nearly £16,000 if the sale aborts through your brother being intransigent.

Oh, the buyer already pulled out. Since we haven't signed the contracts yet, it's okay.

theoretica

apReasonable2681 said:

thegreenone said:

Whatever you do, don't move out.  It will be even harder to get shot of him and his son if you do.

Whilst I understand it is his home and the deceased was his father too, he is not an executor and therefore has no say in matter.  I hope you can arrange viewings whilst he's at work from now on.

He mentioned that if we find another buyer, he won't move out when it's time to complete the sale. I believe it's best to hire a solicitor and proceed legally, as I know we have a strong case. We might even need to obtain a possession order, as I discussed this option with the solicitor handling the estate administration for the property.

How much does that solicitor know about housing?  From the Shelter website, there seems a good chance he falls under the class of rent-free excluded occupier who can be evicted without a possession order.  Giving notice and then changing the locks when he is out.  https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/eviction_of_excluded_occupiers  Obviously you would want advice/to be sure on this!

RAS

thegreenone said:

Whatever you do, don't move out.  It will be even harder to get shot of him and his son if you do.

Whilst I understand it is his home and the deceased was his father too, he is not an executor and therefore has no say in matter.  I hope you can arrange viewings whilst he's at work from now on.

Do not move out. Make sure that all bills are in your name not your brother's. Apart from Council Tax.

Also if either of the executors do not have either a current spouse or adult children, make sure you have your own written and signed wills. If anything happens to either of you, the last thing the other two siblings need is a situation whereby your problematic brother could try to get administration of the deceased brother's estate, and also be entitled to a third share of their estate. You need to choose your executors as well as what happens to your estate. 

The vast majority of buyers will want to view outside normal working hours.

Assuming that you even get more viewers as the EA know that getting a sale progressed normally is going to be impossible with him resident. He may must be trying to frustrate any sale, or maybe daft enough not to realise that his action will reduce any further offers as most potentials will shy clear of any house with a resident probate problem.

It might be worth visiting the EA in person and getting their steer on the likelihood of getting a better price given, or indeed any other offers. EAs have to advise viewers of any relevant issue that might affect the sale and you could do with their words to explain that brother and and son have got to move out because he frustrated the previous sale and his presence will deter more offers.

I'd suggest you and the other executor take legal advice and then write  to both brother and his son, two copies sent to each first class from different post offices, with certificates of posting. It's essential that the wording is spot on, which is why you want to to use the solicitor.

The solicitor may want to write the letter but it needs to come from you and the other executor in an attempt to give the problematic brother the solve the issue within the family, whilst making clear that unless they remove themselves within the required time, legal action will follow. And the solicitor sends out the formal letter the day after they fail to leave.

Keep_pedalling

One big issue here is how are you going to pay the IHT bill if the house is not sold?

apReasonable2681

Keep_pedalling said:

One big issue here is how are you going to pay the IHT bill if the house is not sold?

It's already been paid my Father had quite alot of money in his savings

apReasonable2681

RAS said:

thegreenone said:

Whatever you do, don't move out.  It will be even harder to get shot of him and his son if you do.

Whilst I understand it is his home and the deceased was his father too, he is not an executor and therefore has no say in matter.  I hope you can arrange viewings whilst he's at work from now on.

Do not move out. Make sure that all bills are in your name not your brother's. Apart from Council Tax.

Also if either of the executors do not have either a current spouse or adult children, make sure you have your own written and signed wills. If anything happens to either of you, the last thing the other two siblings need is a situation whereby your problematic brother could try to get administration of the deceased brother's estate, and also be entitled to a third share of their estate. You need to choose your executors as well as what happens to your estate. 

The vast majority of buyers will want to view outside normal working hours.

Assuming that you even get more viewers as the EA know that getting a sale progressed normally is going to be impossible with him resident. He may must be trying to frustrate any sale, or maybe daft enough not to realise that his action will reduce any further offers as most potentials will shy clear of any house with a resident probate problem.

It might be worth visiting the EA in person and getting their steer on the likelihood of getting a better price given, or indeed any other offers. EAs have to advise viewers of any relevant issue that might affect the sale and you could do with their words to explain that brother and and son have got to move out because he frustrated the previous sale and his presence will deter more offers.

I'd suggest you and the other executor take legal advice and then write  to both brother and his son, two copies sent to each first class from different post offices, with certificates of posting. It's essential that the wording is spot on, which is why you want to to use the solicitor.

The solicitor may want to write the letter but it needs to come from you and the other executor in an attempt to give the problematic brother the solve the issue within the family, whilst making clear that unless they remove themselves within the required time, legal action will follow. And the solicitor sends out the formal letter the day after they fail to leave.

All the bills were in my name anyway. Since my dad was elderly, I paid all the bills online, and he used to give me a check at the end of the month. I didn't plan to move out until he passed away. He thought it was unfair for him to leave and pay rent while I stayed in the house rent-free, which I agreed with, but he still dosen't want to leave.  I have already found new living arrangements once we get advice from solicitor . Yes, I have a will made. Interestingly, my brother, who is complaining about the sale price, was my executor, so I quickly changed it and made my  adult son the executor as when that will was written he wasn't an adult but he's 25 years old now . Since I only have one child, he wouldn't have any problems with siblings moaning when it comes to inheritence and wills thank god. 

RAS

Glad your situation is sorted, not least as if your were to die, your executor is charged with sorting out your parent's estate. Might be worth gently briefing your son.  The next question being do you have an LPA in place?

Do you know where the fourth brother stand on this situation?

apReasonable2681

RAS said:

Glad your situation is sorted, not least as if your were to die, your executor is charged with sorting out your parent's estate. Might be worth gently briefing your son.  The next question being do you have an LPA in place?

Do you know where the fourth brother stand on this situation?

Yes, the LPA is all done for my son. My fourth brother, who isn't the executor, is financially stable with his mortgage paid off. He probably doesn't mind waiting for the money but said he won't be involved if we take court action, likely because he doesn't want to fall out with our younger brother. My older brother and I haven't spoken to him since January, which doesn't bother me, to be honest. He suggested appeasing our younger brother by listing the house for 1.4 million, but I know our younger brother will complain when we have to lower the price. He'll say he doesn't want to see significant drops or refuse to leave the house until the price is right. His actions of hindering the sale by scaring off buyers show that he cannot be trusted. I don't want a repeat of this situation because I don't want to go back to the estate agent and explain that he's done it again.

SiliconChip

I think that the suggestion by @theoretica is the best way to go, although I'm not even sure there is any right to occupy so it may not be necessary to give notice at all (although as stated, make sure to get advice before taking any steps to remove him from the property).