Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Siblings and inheritance

115 replies

ShawleyNot · 26/08/2023 00:00

Posting for advice/opinions/ anything really. My dad passed away many years ago and everything went to mum. My sister (plus her husband and two children) moved back to the family home during lockdown - was supposed to be temporary but became permanent. They moved for financial reasons at the time but since found jobs and are earning money... and just stayed, it worked for them so no one questioned it.
My mum passed away earlier this week and the Will says that everything is split between me and my sister. There's not a lot apart from the house, but she is insisting that mum wanted her to have it and live in it and we can't sell it.
What rights do I have? On one hand id feel completely awful to kick her out, on the other hand she can afford to rent or her half if we sold it would pay for a sizeable deposit, but she's insisting she needs to stay.
I don't "need" the money but we're not particularly well off.

OP posts:
ShawleyNot · 26/08/2023 07:44

Thank youeveryone for your sensible and kind advice, which (strangely for Mumsnet) seems unanimous. The thing that's been tugging at my heartstrings is that she said "mum wanted me to have it until the kids were older". The PP who said that actually this could have meant that she should buy me out has given me so much peace of mind. I know you are all right that the will is the thing we must go by. However I know my mum wouldn't have want led me disadvantaged and also I know she wouldn't have wanted my sister to be anxious and lose her home. Unlltimstely she wouldn't want us to fight so I think we need to figure out how to do this

OP posts:
SunRainStorm · 26/08/2023 07:41

daisychain01 · 26/08/2023 04:40

Your DSis is the very reason why Wills are legally binding, so that greedy relatives don't get to dictate what a deceased loved one "wanted". Funny how that's always to the benefit of the person being greedy and never the other way around.

Exactly.

If there is a fall out over this estate it will be your sisters doing, not yours.

Mum5net · 26/08/2023 07:34

Sorry for your loss.
She was quick off the mark and probably had this outcome planned since moving in.
Don’t let her destroy the will.
DMs solicitor will probably have copy but it will delay matters.
Valuation is normally at date of death. Even if it takes a while I’m sure you will get what your parents wanted.

Daleksatemyshed · 26/08/2023 07:31

I know you don't want to fall out with your Sister but she's being greedy. Her family have lived rent free and she's got used to it but that was your DM's choice, now it's different. Get legal help to enact the will and probate and don't feel guilty, she didn't move in for your DM's benefit and she doesn't deserve to get more than you

Positive41 · 26/08/2023 07:11

Sorry for your loss.

Speak to a lawyer and make sure you get what is yours.

I have a sibling like this. She's so entitled and I know she has taken advantage of my mum financially for the sake of herself and her family.

Either she buys you out/pays you rent but whatever you do, get it all done legally.

Applesaarenttheonlyfruit · 26/08/2023 06:54

Dependency is a way to challenge a Will. Whether you Dsis has enough of a claim, I wouldn’t know

mangochops · 26/08/2023 06:51

daisychain01 · 26/08/2023 04:40

Your DSis is the very reason why Wills are legally binding, so that greedy relatives don't get to dictate what a deceased loved one "wanted". Funny how that's always to the benefit of the person being greedy and never the other way around.

This. Verbal agreements (if they even existed in the first place) mean absolutely nothing when someone dies. If its not in the will, it cannot legally happen. If the deceased felt it was that important then they should have re-written their will to reflect that but they didnt so it brings into question how truthful this claim even is in the first place.

TheaBrandt · 26/08/2023 06:44

Your mum could have given your sister a right of occupation in the Will for a fixed period that ends and house is then divided between you but she chose not to. Legally the house is half yours.

Pipsquiggle · 26/08/2023 06:41

She's being a CF.

She either buys you out or the house gets sold.

Get the lawyers to sort it.

JustMarriedBecca · 26/08/2023 06:37

World of difference between "I do hope you manage to stay living here" (by buying out your sister and getting a mortgage) than changing her legal will to give everything to one sibling.

I can see this happening in our wider family in a few years. Makes me super uncomfortable as to the fallout.

2jacqi · 26/08/2023 06:31

you are definitely going to fall out with your sister. the will has not been changed to benefit her and therefore the house has to be sold. who is the executor?? a solicitor needs to be invoved. it wont cost much and is deductible from the proceeds if sale. It is up to the executor to ensure that the wishes of your mother are followed through. It is amazing the number of people who think they can claim a house just by moving in and she moved in when your mum was vulnerable!!

FarEast · 26/08/2023 05:47

Your sister is acting unethically and selfishly.

You need to get two or three sensible market estimates of the value of the house and then she needs to buy you out of your half. Or you get an estimate from an estate agent of a market rent and she needs to pay rent.

Simplest is to sell it. Your sister would then have a substantial deposit for buying a house of her own rather than stealing half of one from you.

Mummyoflittledragon · 26/08/2023 05:38

daisychain01 · 26/08/2023 04:40

Your DSis is the very reason why Wills are legally binding, so that greedy relatives don't get to dictate what a deceased loved one "wanted". Funny how that's always to the benefit of the person being greedy and never the other way around.

Succinctly put. I am sorry for your loss op. The advice to leave it for now and let solicitors sort it out later is good.

daisychain01 · 26/08/2023 04:40

Your DSis is the very reason why Wills are legally binding, so that greedy relatives don't get to dictate what a deceased loved one "wanted". Funny how that's always to the benefit of the person being greedy and never the other way around.

Poppyblush · 26/08/2023 04:35

She’s being a cf.

SunRainStorm · 26/08/2023 04:32

If she wants to honour her mothers alleged wishes, then she should buy you out and live there.

Also just flagging that you're likely to be entitled to some rent from her if she stays there between probate and the sale of the property.

TupperJen · 26/08/2023 02:57

It's hardly a jumper or piece of jewelry, it's the major asset of her estate... it needs to be split, whether sister buys your share (via mortgage or private financial arrangement)... executor should be on top of this. And if you are executors together, it's an awkward conversation, but one that needs to happen. They have been living there rent free (perhaps not paying utilities either), the free ride has come to an end.

SD1978 · 26/08/2023 02:44

If it says 50/50 it's 50/50. Dos they pay to live there? They were given a massive opportunity to save. If they didn't that's not on you and I'd be getting in someone to value the property. If they want to pay out your 50% then that's on them. They moved in because it was convenient and suited them- there was no altruism.

HoppingPavlova · 26/08/2023 02:30

If they want to stay, they need to buy out your 50%. You say they are both working, so why would this be an issue? They can’t just camp there forever without compensating you for your 50%.

Threenow · 26/08/2023 02:26

She has in effect been left half of a house, so, unless there is anything in the Will to the contrary, she either has to move out, or buy out your half. If your DM had wanted her to have the house it would have been in the Will. Get legal advice if necessary.

I'm sorry for your loss Flowers, and also that you are having to deal with this nonsense.

CherryMaDeara · 26/08/2023 02:21

That house is half yours, OP. Sell the house and get what you’re entitled to.

Your sister is being a greedy bitch.

BasiliskStare · 26/08/2023 02:16

I am sorry to hear about your mum. Very sad

To your post and what are your rights - they are exactly what your mother stipulated in her will - she wanted you to have half of what she had including the house. Just get the will with a solicitor and they can tell tell Dsis she can buy out your half or it is sold. Given she is living there I suspect she won't make it easy - but given how she is acting there isn't a way in a month of Sundays I would rent my half to them - I would bet the farm you'll never see the rent for her half.

Horrid situation , but were it me I would just get the solicitor to explain half the house inter alia is yours and so she needs to buy you out or it is sold. I suspect it will be a rocky time but stick out for the sale or her buying your half . That is what I would do.

How horrid you are having to deal with this as well as losing your Mum
All the very best to you

SunRainStorm · 26/08/2023 02:00

Good god, your sister isn't wasting any time is she?

This is an emotional time. Tell her you're mourning your mother this week, and the rest can wait.

When the time is right, say you're leaving it with the lawyers- you don't want to compromise your relationship with her by negotiating or debating it yourselves.

She is out of her mind expecting you to gift the majority of your inheritance to her. She's already had an incredible financial advantage by living there, presumably rent free, for years.

As PPs have said- lawyers will advise you that she can buy you out, or you can rent your half to her, or you can force a sale.

She's had plenty of time to save a deposit, and she's now receiving half a house for free. She has no business feeling hard done by.

Poivresel · 26/08/2023 01:55

You can sell it and either she buys your half or she moves out.

RosaKim · 26/08/2023 01:49

Your DSIS is a CF

Swipe left for the next trending thread