Advice needed please.
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El's_grandma
Posts: 10 Forumite
Good morning everyone
As you can see, I'm new on this forum, but was looking for some advice as I have been up all night going over things in my head.
A bit of history to my problem, my parents didn't like where they lived, back in 1994, so my brother who has always lived with them, (hes 51 now) came up with this solution. Parents sell house, put the money from sale to another house in better area, as deposit, my brother would take out a mortgage for the rest. This they agreed to. Situation now is both parents have passed away. (Dad a year ago, mum recently) But over the years parents paid bills, bought all furniture, cars, caravan, sit on Mower, new boiler, etc. Also paid £100 a month to mortgage. There is also money in their bank accounts. My brother asked yesterday for money to pay funeral. When I said to use the money in the bank accounts, his reply was no I need that to pay off mortgage. He is of he opinion because he lived with parents everything is now his, not mine. I don't want him to sell the house as it is his home, but surely this can't b right, as far as I know there is no will. Any advice would be appreciated. Many hanks in advance.
As you can see, I'm new on this forum, but was looking for some advice as I have been up all night going over things in my head.
A bit of history to my problem, my parents didn't like where they lived, back in 1994, so my brother who has always lived with them, (hes 51 now) came up with this solution. Parents sell house, put the money from sale to another house in better area, as deposit, my brother would take out a mortgage for the rest. This they agreed to. Situation now is both parents have passed away. (Dad a year ago, mum recently) But over the years parents paid bills, bought all furniture, cars, caravan, sit on Mower, new boiler, etc. Also paid £100 a month to mortgage. There is also money in their bank accounts. My brother asked yesterday for money to pay funeral. When I said to use the money in the bank accounts, his reply was no I need that to pay off mortgage. He is of he opinion because he lived with parents everything is now his, not mine. I don't want him to sell the house as it is his home, but surely this can't b right, as far as I know there is no will. Any advice would be appreciated. Many hanks in advance.
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I there is no will then the intestacy rules apply I.e you each get half of the estate. Either you or your brother can apply for letters of administration.El's_grandma wrote: »Good morning everyone
As you can see, I'm new on this forum, but was looking for some advice as I have been up all night going over things in my head.
A bit of history to my problem, my parents didn't like where they lived, back in 1994, so my brother who has always lived with them, (hes 51 now) came up with this solution. Parents sell house, put the money from sale to another house in better area, as deposit, my brother would take out a mortgage for the rest. This they agreed to. Situation now is both parents have passed away. (Dad a year ago, mum recently) But over the years parents paid bills, bought all furniture, cars, caravan, sit on Mower, new boiler, etc. Also paid £100 a month to mortgage. There is also money in their bank accounts. My brother asked yesterday for money to pay funeral. When I said to use the money in the bank accounts, his reply was no I need that to pay off mortgage. He is of he opinion because he lived with parents everything is now his, not mine. I don't want him to sell the house as it is his home, but surely this can't b right, as far as I know there is no will. Any advice would be appreciated. Many hanks in advance.0 -
Hi, thanks for advice,
if my brother has paid most of the mortgage then I'm not entitled to that. But am I entitled to half of what my parents paid for? I.e. Deposit and monthly payments, etc. Regards0 -
Who owned the house?0
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Hi, I have not seen he deeds but my brother said the house is in his name, is there any way I can find out? Regards0
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The funeral should be paid for using the deceased's funds.
You can check the house ownership at the Land Registry site.0 -
If the house is in his name then you have no say in what happens to it, neither do your parents assets [such as they are] need to go towards paying for the mortgage unless their names are on the mortgage.
It doesn't sound like they were otherwise life insurance would have negated the need to pay the mortgage.
You're going to have to tread carefully regarding this if you wanted a share in these assetts because there's no record saying the house belonged to your parents, there's no will to identitfy whether they owned this house jointly or not [check the Land Registry] . It could easily disintegrate into a family feud.Shampoo? No thanks, I'll have real poo...0 -
El's_grandma wrote: »Hi, I have not seen he deeds but my brother said the house is in his name, is there any way I can find out? Regards
The property was either owned as joint tennants or tennants in commom, if the former then he is now the sole owner, but he is also now solely responsible for paying the mortgage it does not come out of your parents estate.
If the later you now own half your parents share and he the other, but he is still responsible for the mortgage payments.
If you check the land registry and there are no restrictions listed other than the mortgage company then it was owned as joint tennants.
Afraid by not making wills your parents have left a bit of a mess behind them and either your brother is genuinely ignorant about intestate or he is taking you for a mug.0 -
Keep_pedalling wrote: »The property was either owned as joint tennants or tennants in commom, if the former then he is now the sole owner, but he is also now solely responsible for paying the mortgage it does not come out of your parents estate.
The third possibility is that it was soley in the brothers name all along. with the parents having gifted him the deposit. With a mortgage involved, this may have been the way to do it as a mortgage comany would generally not like to see parties on the deeds that weren't also named on the mortgage.0 -
Thank you all for the advice, I will investigate who owns the house on land registery. My heads all over the place at the moment, might b better to just walk away. Once again thank you all. Regards0
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El's_grandma wrote: »Thank you all for the advice, I will investigate who owns the house on land registery. My heads all over the place at the moment, might b better to just walk away. Once again thank you all. Regards
Sadly, for your own mental and physical health, walking away and trying to forget about what might have been appears to be the best thing to do.
If you can, be strong and ignore your brother’s request for money for the funeral - that should come from the estate of the deceased, and it seems from what you have written that he has already had the lions share of that.0
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