Implications of inheriting a property which sibling wants to live in

Barnstable47

My mother has a bungalow and intended to leave it to myself.  My brother inherited a house my grandmother left to my mother some 40 plus years ago.  The property was subject to a compulsory purchase order by the council and my brother received the majority of the money, I am not sure of the exact amount but believe it may have been about £30,000.  He was also bought a second hand car in his 20's when I purchased my own.  My brother has not worked since his 20's initially through mental health issues and latterly due to alcoholism and health issues.  Through that time my parents supported him financially.  My brother is now a recovering alcoholic in his early 60's on I believe an ESA benefit where his rent and property tax are paid.  He has now said he wants to move into my mother's bungalow when she dies and I have to make a will leaving him 40% of the property.  He is adamant that his property tax will continue to be paid, although I can't see how if he is not paying any rent.  My mother had a stroke 3 years ago and her mind is not as good as it used to be.  She swings from saying he's had lots in the past therefore he shouldn't inherit the house to he is going to live there. My mother's reasoning for this is I have a house which I bought and paid for and he hasn't.  I am reluctant to agree to this as he is not intending to pay me any rent and has said I would need to insure it as he has no income to do so.  I am not happy with this as financially I can see it is going to cost me for him to live there.  Any repairs, maintaining etc will fall to me as it will be in my name and he hasn't the money to pay for repairs.  He doesn't want to inherit it on paper as it could affect his benefits.  My mother offered him a 60/40 split in my favour but he only wants the 40% as per my will after she has died.  I am not heartless or greedy and obviously would not see him homeless so I have said the best option is to sell and give him his share and he can buy somewhere but he is adamant he is going to live there.  He is not an easy person to talk to, appears to have a problem with me, although I have always been very good to him.  Currently he is not talking to me so any chance of sorting things out is fairly remote.  My mother is just putting her head in the sand and ignoring it.  I just hope she keeps going for a bit longer as I feel this needs resolving before she passes away.  Currently she is 89 years old. Any advice very welcome.

Brie

Would your mother be considered of sound mind?  If not then she can't/shouldn't be changing her will.  If she isn't of sound mind do you have power of attorney?  And does your mom have enough money to live on without selling the bungalow?

OK - so assuming your mom doesn't change her will and she dies and your inherit the bungalow.  You are under no obligation whatsoever to house your brother free of charge.  Or rent to him at market value either.  It will be your house and you can do with it what you want.   If he wants to live there he can buy it from you.  If he doesn't have the money then that's his problem not yours.  Doesn't sound like he's homeless now so why would your mom dying make him homeless?  

Frankly I admit I'm on your side as I've siblings who've got a substantial amount from our parents while I've had very little relatively.  For what it's worth they think I'm a bit of a heartless b.....

mebu60

Have you got LPA for your mother? That would seem to be a prudent first step.

When you inherit the house change the locks and sell it if that is your intention. 

Your brother will need to talk with you at some point if he desires to move in. Be clear he will likely lose benefits and everything he has now if he moves out of where he is. You could offer him some money that does not impact his entitlements but you are under no obligation to do so.  

maman

Unless I've missed something, OP says that his mother 'intended' to leave the bungalow to him. Is there a will? If his mum's mind 'isn't as good as it used to be', could she write one now? 🤔

Presumably, if there isn't one, the two brothers would inherit half each of whatever is left in the estate?