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Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Selling Mums house with brother in situ
Comments
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The above is rubbish.
It is clear that an adult able-bodied child who has no other argument other than to say he is “badly off” is unlikely to be successful with a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975
This seems to be the case and if correct he will jolly well have to find himself a job and accommodation
my advice would be to seek professional help you are going to need it0 -
The fact that there will come a time when I am in control of Mums finances gives me sleepless nights as she pays for everything for him and I won't be prepared to do that once she is gone.
While Mum is alive an LPA means that you do as she would have wished, had she been capable. Arguably that means spending on brother.
Once she is no longer alive, you as executor would comply with the will.
There is the intermediate stage, between death and probate, where you brother would have not yet had inheritance but have no income.
How much equity is in the property, after the equity release company get their share including any interest etc?I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Out of interest - is this the case if the brother is only financially dependent because he is choosing not to work and refusing to claim benefits as the OP suggested? He does not appear to be disabled or incapable or being financially independent.
The mother is choosing to financially support him.
Whether he's capable of working or could be claiming benefits isn't relevant.
We've just redone our wills and have an adult son living with us. He could find somewhere else to live and claim benefits to pay the rent so he doesn't have to be dependent on us for his accommodation.
Our solicitor has made us aware that he could have a claim on a greater share of our estate if he still lives here when we die.0 -
if you mum needs to go into residential care, the house would have to be sold much earlier, not only to pay care costs but the ER company will also be due to repaid at that point. Your brother needs to prepair for the fact he is going to have to find alternative accomodation in the very near future.0
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Is she likely to need residential care at some stage? What is her prognosis? If you're sayig she's likely to drop dead from a heart attack any day, that's one thimg. If she is likely to gradually deteriorate, becoming ever frailer, then other issues arise.clairecmitch wrote: »
My Mother is elderly and in poor health (heart defects) and I don't think she will be around much longer.
Is she still of sound mind? Is she likely to remain of sound mind (or might dementia or general frailty make her mentally incapable?)
(apologies for the harsh-sounding questions - but the legal /medical terms are relevant).
If as you suggest, the time will come when
a) she needs residential care and
b) she is unable to manage her affairs herself
then
c) you could refuse to act under the LPA, and get the courts to appoint an Administrator - but do you really want a 3rd party deciding what happens to your mum?
d) you could start managing mum's finances, and/or care decisions, yourself
e) the local authority is likely to insist the house is sold to fund residential care before they will pick up the tab
f) there may be a defense to using the property for care funding in that it is your brother's main residence. I know this applies to a spouse -not sure about children. Look at the AgeUK website- lots of useful info there
g) yes, under a LPA you have to act in mum's best interests. But once money is needed for care funding that may well include diverting money away from your brother towards her care needs, despite her clear desire till now to support him. To what extent does she support him (beyond housing)? Does he get an allowance? Food?......?
h) another option to fund her care (if it becomes necessary) would be to let the property out for an income stream- but brother would have to go.........
i) on death, you could (as suggested above) decline to act as Executer. The risk is that your brother (assuming he has the understanding to realise) could then apply to administer the estate in your place. Who knows what he'd do!
j) an alternative would be to remain as Executer, but employ a solicitor to manage the day to day work (including dealing with the equity release company and the sale of the property. The costs for this would mount rapidly - solicitors typically charge £70 - £150 per hour and a standard estate can take quite a lot of time/work to administer. Add in time for managing a dispute/eviction/legal action.......... £££££££££££££ !
Sorry much of the above is depressing with no obvious easy solutions, but you're at least being sensible by looking ahead, and the more you get to understand of the issues, the propblems, the options, the easier it will be in the long run.0 -
Rosieandjim wrote: »The above is rubbish.
It is clear that an adult able-bodied child who has no other argument other than to say he is “badly off” is unlikely to be successful with a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975
This seems to be the case and if correct he will jolly well have to find himself a job and accommodation
my advice would be to seek professional help you are going to need it
The OP has stated that her brother is psychotic, so he is unlikely to be able to hold down a job.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Hi everyone,
Thanks for all your replies. When I say my brother is psychotic, it's based on his behaviour not a diagnosed condition. I'm sorry if that was misleading.
He used to sign on for job seekers allowance but it was stopped cos he couldn't prove he was looking for work.0 -
Hi, there is likely to be less than £70k I would think.0
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She is getting frailer but I know she will refuse to go one home. She's already in heart failure.
I think I'll cancel the lpa and get my mother to appt a solicitor or her bank as executors.
Thanks so much for your comprehensive advise.0 -
clairecmitch wrote: »Hi, there is likely to be less than £70k I would think.
That's after the equity release company have had their share, I presume?
£70k would fund a decent bit of litigation, if you choose to spend it that way.
It would probably be sensible to compromise, instead. We're really crossing bridges before you get to them, and your brother may be perfectly happy with 50%.
BTW, in answer to your first question, your brother obviously needs to move out when the property is sold. Whether you leave him in situ until then depends on how tidy and clean he keeps it.No reliance should be placed on the above! Absolutely none, do you hear?0
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