Inheritence and house sale

No to this. He gets his share of the available cash ( remember to take off money for marketing the house, cleaning and clearing it for sale, insurance etc) then gets his share of the proceeds when the house is sold. Why should he be treated differently to the other siblings?

Let him have the 60 in 'cash' now, and when everything has gone through just knock the 60k he's already received off his inheritance of 73k
He gets his remaining 13k, and you and your sibling have just had to wait a little longer for your full 73k

Slight problem with that, @Scuttlebut, if he blows the £60k and is still living in the house, then goes on to say he can no longer afford to move

Add on the cries of "Mum didn't want him to be homeless!!" and this is why distributing the money only after the house is sold may be a better idea

I'm not brilliant at maths, but:
160+60=220k total
220/3=73.33k each
Just over 73,000 each, using a simple round figure.

Let him have the 60 in 'cash' now, and when everything has gone through just knock the 60k he's already received off his inheritance of 73k
He gets his remaining 13k, and you and your sibling have just had to wait a little longer for your full 73k.

its either going to be covering his mortgage or his rent and either way he is going to need money.

We weren’t buying; it was a single house sale being bought as an investment property without the buyer needing to sell. We did have a property we had rented 6 weeks before the completion date but not one person concerned with the sale of the house asked to see any proof of where we were going on completion day; we just confirmed vacant possession.

@Lanzaroteladyhe can keep doing his delivery job he already has. If he chooses to stop working to be a nomad again, he may find it tricky to re-start again in the job market, but that’s his problem, not yours.

@Lanzaroteladyyour dh sounds like he’s lumbered with two problem siblings: one freeloader and one hoarder. If sibling 2 wants her bike from when she was 8 years old, she can have it - in her house, not the house which belongs to all 3 of you.
As for sibling 1, it’s no one else’s problem if he ends up renting. He’ll have a nice wodge of cash when distributions are made. Like any other reasonable grown-up, if his money is in danger of running out, he’ll need to keep working. His state pension should kick in in about 10 years anyway. I wonder if he’s fully paid up with NI contributions or if he was too busy enjoying his care free lifestyle to think about his future….

Anyway, none of this is anyone else’s concern. Sibling 1 ought to recognise he’s been living off other people for most of his adult life and that now he needs to start being a grown-up. Sibling 2 needs to go pick up her bike!

Surely the house needs to be sold first. Solicitors/estate agent fees etc etc must be taken out of the profits before you can even begin to work out what is left of the estate. Then whatever is left is to be divided in three. You may have other costs as well.

I suppose the same as anyone else does? Apply for benefits/pension credits? It won't be easy for him to pay off a mortgage, however small, and keep a property in good repair - for me, the clue is in his nickname tbh.

he finds another job.

Leave them to it. His house buying plans are not your problem. However, having dealt with probate twice myself, my advice is to let a solicitor do their job and sort out the legals. I would not pay out anything until probate is completed, you don't know what expenses may need to come out by the time the house is sold and it's time to divide the remaining assets. The solicitor will also advise on how to deal with the fact that he's currently living in the house and needs to leave.

The house may take a year to sell (my sister's did) and in that time running expenses and repairs will need to be paid and reclaimed from the estate. Does Nomad need to buy a property - at 58 he could rent without the worry of paying off a mortgage or having to work into his 70s? He could live off his inheritance for years (sensibly without spunking it) and then look into pension credit etc - will he have a state pension?

His mum didn't want him to be homeless and that should be the family's first concern, her money/her wishes. I think it would be a mistake to give him a cash sum now as there'd be no incentive for him to move on and I'd be surprised if a solicitor would go for it tbh - you do need a solicitor to deal with it so Nomad accepts it's a legal process that needs to be followed: liquidate assets, pay legal expenses and outstanding bills and then divide what's left by 3.

However.....it is down to the siblings to sort out.

@Masmavi100% this.

It’s not really relevant whether one beneficiary may appear to be more ‘in need’ at a particular moment in time. As @Psychoticbreakpoints out, a beneficiary who appears to be ‘better off’ may have got there through lots of sacrifices and hard work, while other beneficiaries may have made different life choices. And people’s financial situations can turn quickly anyway….they can be made redundant, get sick…. The distribution of the estate happens at one snapshot in time, it’s ridiculous to make assumptions that one beneficiary is more deserving over others.

the nomad brother has made life choices and it sounds likes they’ve had a great deal of financial advantage over the other siblings already. Living rent free in the mother’s house until age 58! No pressure of paying rent on time or servicing a mortgage! How many adults get to almost 60 years old without paying their way? If he’s in any way playing the ‘poor me’ card then he’s extremely manipulative.

of course the mother wouldn’t want to see any child homeless, but she clearly had the good sense to treat her children fairly by stipulating an equal division in the will. I expect she also used her common sense to realise he won’t be homeless anyway. He can find a short term room to rent and then when he’s got his fair share of the estate at the correct time when all costs are settled, the house is sold and distributions made, he can either aim for a mortgage or get a decent private rental. He’ll have about £70,000 or so, plus income from his job: he’s hardly going to be on the streets.

This. It doesn't matter anyone's circumstances. Each child gets exactly the same. My brother did probate for us and split everything equally, almost down to the last pound. All of us in different financial situations. None of us have ever queried it, never argued about money and are still on good terms.

Really? We’re now talking about divorce over inheritance from her MIL lol.

OP has pushed this issue enough, she needs to step away and leave them to it, she is coming across as grabby at this point tbh.

Yes the fair approach is to sell the house and split the proceeds and cash equally but the siblings also recognize that their mother doesn’t want DS1 to be made homeless so it’s their prerogative to consider other options.

OP has given her view but she has no say or control over this, it’s not her mother who died, she isn’t named in the will or an executor or so she should stop bringing conflict into her marriage over this to the extent we’re now talking about divorce.

While I agree that selling the house and splitting equally is the answer you don’t really have any control or say in this. You’ve rod your DH your view/advice so leave it to them to decide what they want to do. I don’t think this skills bring conflict and issues into your marriage.

Yes the mother said it should be split equally, the mother also told then she doesn’t want DS1 to be made homeless so I can see why they are not pushing for your approach.

Leave it alone and move on, you have no control or input here aside fighting with your DH.

You should start talking to your DH about what the £70k could do for your family. (But don’t say you want a fancy holiday or new car!) Pay off your mortgage? Pay for your kid’s uni fees so they don’t start their careers in debt? Help your kids get on the housing ladder?

Every pound Nomad sibling takes from his mum’s estate at the expense of your sibling is really a pound which could help your kids have a better life. That might help your DH get tougher with his sibling.

I think it’s round about now that Nomad sibling will suggest to the other two that they give him a private mortgage out of their share of their inheritance. So he will put £60k of his inheritance into a flat (not everything as he will need furniture plus a rainy day fund) and can each other sibling lend him £20k as it’s easier than dealing with the bank. This is essentially what he is doing by stealth by wanting to take the £60k cash for his deposit when £20k belongs to each of his siblings.

This from the date probate awarded. Until that date no but that before that date in all property owned by all 3 siblings & he has to pay his share - there are funeral fees, gravestone, executor's expenses etc etc.

Sounds so much like m XH who decided that he was done with working at the age of 55 & couldn't understand why his siblings & elderly mother couldn't/wouldn't give him his 'inheritance' before she died (which was 2 weeks ago). I kept reminding him wasn't his money - was his mothers money to leave whoever - to the Cats home if she chose & leave him & siblings with nothing. I so wish that she had - left it to cat's home I mean.

No, he couldn't demand more than his fair share. The law on that point is quite clear. I am not a lawyer, but I would say the bigger risk is if he refused to move out, or dragged his feet, making it harder to sell the house.