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    • clairecmitch
    • By clairecmitch 10th Mar 17, 2:55 PM
    • 9Posts
    • 3Thanks
    Selling Mums house with brother in situ
    • #1
    • 10th Mar 17, 2:55 PM
    Selling Mums house with brother in situ 10th Mar 17 at 2:55 PM

    Although this is yet to happen, I am getting more concerned as time goes on.

    My Mother is elderly and in poor health (heart defects) and I don't think she will be around much longer.

    My parents sold approx. 50% of their property to equity release some 10 years ago.

    My brother who is 52 years old has always lived at home (when he's not been in prison). He doesn't work, or claim benefits and lives off my Mother.

    I am the sole executor of her will and we also have an LPA in place for when she can no longer manage her finances.

    My concerns as to how things will pan out when she passes are many but mainly:

    What if my brother refuses to get out of the house for it to be sold or get obstructive when anyone views it?

    Will the equity release firm get involved and instruct a solicitor to get him out or will that be down to me or will I be unable to remove him at all?

    Advice to help put my mind at rest would be appreciated.
Page 2
    • GDB2222
    • By GDB2222 10th Mar 17, 6:30 PM
    • 14,382 Posts
    • 77,698 Thanks
    Hi, there is likely to be less than £70k I would think.
    Originally posted by clairecmitch
    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?
    • TBagpuss
    • By TBagpuss 10th Mar 17, 7:50 PM
    • 6,487 Posts
    • 8,418 Thanks
    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?
    Originally posted by silvercar
    the bolded isn't quite right. When you are acting under a power of attorney you have to act in the best interests of the donor. That can include things such as giving gifts where there is a clear precedent, but you also have to consider whether that's in Mum's best interests - which would means that things such as her other financial needs would be relevant.

    OP, if you wanted, you could talk to your mum about naming her solicitor as her attorney. It would be more expensive but would create a buffer state between you and your brother, and if you aren't bothered about the money you could consider that.

    Longer term, it is possible that your brother could make a claim under the inheritance act but it wouldn't be a foregone conclusion.

    One of the factor that has to be considered with that kind of claim is the impact on other beneficiaries if the claim is allowed, as well as the extent to which the claimant 'needs' the money - the test is whether the person who made the will made 'reasonable provision' for the claimant.
    I think that it would be much harder for someone who was one of 2 children and who was left 50% of the estate to argue that, than in a case where a child was cut out completely.
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th Mar 17, 7:10 AM
    • 15,623 Posts
    • 43,356 Thanks

    The OP said he is psychotic.
    Originally posted by indsty
    Even if everyone refused to employ him - then he could (and should) still claim benefit rather than leach off his mother and make any attempt to claim OP's share of the inheritance (just because of a possible twist in the law that might allow that).

    I wouldnt take it as being "a done deal" in OP's position that he would be able to mis-use the law to claim he should have any of OP's share (on the grounds he is being supported by mother currently). I would certainly investigate whether "being supported" is something that would only apply to someone would expect to be being "supported" (ie someone not old enough to hold down a job or too physically ill to do a job). Even with "too physically ill to hold down a job" - someone is still capable of claiming benefit in lieu of a paypacket.

    In OP's position - I'd be holding discussions with the firm the equity release scheme is with come the time and letting them know they had my full backing to get their share out of the estate and I was supposed to have 50% of the balance and arranging with them to do so.
    Like Frankie said - I did it my way.
    It's MY life......
    • Davesnave
    • By Davesnave 11th Mar 17, 8:18 AM
    • 25,057 Posts
    • 92,620 Thanks

    In OP's position - I'd be holding discussions with the firm the equity release scheme is with come the time and letting them know they had my full backing to get their share out of the estate and I was supposed to have 50% of the balance and arranging with them to do so.
    Originally posted by moneyistooshorttomention

    I doubt if they'll care be interested in that discussion. Where the surplus money goes is of no concern to them.

    They have a charge on the house and they'll start applying interest to it at a high rate from the date of death.

    It's win:win for them, however it goes, Sorry.
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • AdrianC
    • By AdrianC 11th Mar 17, 9:29 AM
    • 17,394 Posts
    • 15,757 Thanks
    She is getting frailer but I know she will refuse to go one home.
    Originally posted by clairecmitch
    It may not be her choice. If she is admitted to hospital, and they will not release her to return to live in her own home, then what? She stays in hospital?

    I think I'll cancel the lpa
    You would simply not act under it.

    Does your brother also hold PoA over her finances?
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