Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Inheritence and house sale

214 replies

Lanzarotelady · 06/04/2025 12:28

Interested in others opinions here - what's fair?

Mum dies leaves house worth 160,000 and £60,000 in bank

3 adult children

1 living at home - never had a mortgage - has had a nomadic life style
2 living in a house, paid for - single
3 living in a house -paid for- married with children

1 know he needs to get a mortgage, but with no deposit and no real credit history is struggling to get one

He has proposed to use the £60,000 in the bank as a deposit, smaller mortgage etc, then when the house is sold, the other 2 get their share of the house, their share of the money in the bank, ie £80,000 each and he gets what is left.

I don't know if this is fair, open to abuse, favouring one above the other

What do you all think

OP posts:
dapsnotplimsolls · 06/04/2025 17:16

Why is your DH so reluctant to get on with it? Is he sorry for his brother or in awe of his nomadic twattery?

Soontobe60 · 06/04/2025 17:14

Remind your spouse that now the house is 1/3 in their name, should you decide to divorce them you’d be entitled to half of their share! Also, their share will now be subject to capital gains tax once sold.

Lanzarotelady · 06/04/2025 17:12

Soontobe60 · 06/04/2025 17:10

So that’s what should happen. Who’s the executor?

The three of them

OP posts:
Soontobe60 · 06/04/2025 17:10

Lanzarotelady · 06/04/2025 12:38

There is a will - everything to be split equally

So that’s what should happen. Who’s the executor?

Miaowzabella · 06/04/2025 17:05

Lanzarotelady · 06/04/2025 16:17

He hasn't got a very well paid job, driver for an agency
He is a hard worker, but not very organised

I have found a variety of flats about the £90 000 mark, so hopefully with a decent deposit he will only have to get a 30,000 mortgage

He could also consider part-ownership schemes (might still qualify if he has never owned a property before) or moving to a cheaper area.

Ophy83 · 06/04/2025 17:03

Lanzarotelady · 06/04/2025 13:29

Is he balls!

If he isn't, that should actually be accounted for before the estate is distributed

Londonrach1 · 06/04/2025 16:40

Everything three ways!

Lanzarotelady · 06/04/2025 16:40

gattocattivo · 06/04/2025 16:21

Reading your OP again @Lanzaroteladyyou mention the Nomad has no real credit history. At 58, in this situation, he’s going to really struggle to get a mortgage offer even with a deposit. Lenders are really tough now (rightly so.) If he does get an offer it may not be at the favourable rate he thinks he might get. 58 years old, Without good credit history, a record of permanent employment and without evidence that he’s even paid rent, he’s not a great bet. You don’t want to be in a situation where he gets money up front, realises it won’t be enough to buy a small home for himself and then tries to drag things out even more.

remind your dh of this! And have you checked if he’s an executor yet? If so, he needs to be straight on this. If not, he should push the executors to do their job.

100% agree with this and this is what worries me (but isn't worrying anyone else)

OP posts:
Lanzarotelady · 06/04/2025 16:37

The house has been valued ( nomad arranged that himself ) and he has been to see about a mortgage

OP posts:
gattocattivo · 06/04/2025 16:33

There’s no guarantee though. The house needs a fair bit of work by the sounds of it, maybe more than expected to get a sale. It’s a complete unknown. Plus, giving 60k that’s in the bank now, means the Nomad is benefiting whereas the other two aren’t benefiting from the interest that money is currently accruing. Plus - quite simply - this is not following the terms of the will, which was the mother’s wishes.

springbringshope · 06/04/2025 16:26

Psychoticbreak · 06/04/2025 12:39

The only way to fairly do anything with an inheritance is to split it evenly. Why people who work and previously had struggled possibly have to lose out because others 'need' the money more has always baffled me. Split everything three ways. Cash and whatever is gotten from sale of house. Everyone then can do what they want with that.

No one is suggesting any if the things you have mentioned.
the sibling isn’t suggesting he gets more.

gattocattivo · 06/04/2025 16:25

@Lanzaroteladymy post crossed with yours just there.

the key thing that jumps out of your post is that you have found flats for the 90k mark. There’s no guarantee he will be prepared to buy them. He might decide a bigger house rent free is preferable to a small flat and paying a mortgage!

The key thing is to knock this idea of upfront money on the head. The executors need to act on the will without delay. House goes on market. Nomad moves out. Apart from anything else, it will mean he’s getting used to paying rent before taking on a mortgage.

gattocattivo · 06/04/2025 16:21

Reading your OP again @Lanzaroteladyyou mention the Nomad has no real credit history. At 58, in this situation, he’s going to really struggle to get a mortgage offer even with a deposit. Lenders are really tough now (rightly so.) If he does get an offer it may not be at the favourable rate he thinks he might get. 58 years old, Without good credit history, a record of permanent employment and without evidence that he’s even paid rent, he’s not a great bet. You don’t want to be in a situation where he gets money up front, realises it won’t be enough to buy a small home for himself and then tries to drag things out even more.

remind your dh of this! And have you checked if he’s an executor yet? If so, he needs to be straight on this. If not, he should push the executors to do their job.

Lanzarotelady · 06/04/2025 16:17

MargaretThursday · 06/04/2025 15:29

I'd suspect he won't get a mortgage big enough to get a house in the area unless you're in a very cheap area and he has a decently paying job.

£60k deposit round here would mean you would still struggle to get a small house on one person's salary.

Looks to me that #1 is either very optimistic, or opportunistic - that is, he knows the above, and also knows his siblings won't see him homeless, so he'll take the £60k and then let them know he can't get a property, so "very sorry and all that" but he can't sell the house.

Edited

He hasn't got a very well paid job, driver for an agency
He is a hard worker, but not very organised

I have found a variety of flats about the £90 000 mark, so hopefully with a decent deposit he will only have to get a 30,000 mortgage

OP posts:
LittleBigHead · 06/04/2025 15:43

60-odd k is a life changing amount for most people. I presume OP and her DH are aged 50+, she may want their share for children's education (or helping them get on the housing ladder), retirement, bucket list holidays etc. That's not grabby.

My thoughts exactly @ThePiglet

LittleBigHead · 06/04/2025 15:41

Lanzarotelady · 06/04/2025 14:43

There is no reason it cannot go on the market now! none at all but seeing as none of them seem to be bothered it just sitting there whilst he is living in it rent free

It must be very frustrating @Lanzarotelady I see that you can't obviously tell your DH what to do with his inheritance from his mother. There's all sorts of emotion swirling about & I'd guess, largely unacknowledged - concern for his brther mixed with irritation, grief over the loss of his mother ...

Can you appeal to your DH's paternal feelings? If he does anything more for his brother than his mother willed, he is depriving your DC. A lump sum of £70k doesn't come often to ordinary people - it could contribute towards a house deposit for your DC (£35k each if you have two? - it's a good sum to set them up). And so on.

My father has given away a fair fortune to various women - at one point, as he was about to hand over £100k to his latest floozy, one of my siblings sat him down & told him what that money would mean to his two grandchildren. He changed his mind when confronted with the consequences of his befuddled lovelorn brain.

MargaretThursday · 06/04/2025 15:29

I'd suspect he won't get a mortgage big enough to get a house in the area unless you're in a very cheap area and he has a decently paying job.

£60k deposit round here would mean you would still struggle to get a small house on one person's salary.

Looks to me that #1 is either very optimistic, or opportunistic - that is, he knows the above, and also knows his siblings won't see him homeless, so he'll take the £60k and then let them know he can't get a property, so "very sorry and all that" but he can't sell the house.

TulipBlooms · 06/04/2025 15:29

Lanzarotelady · 06/04/2025 15:00

No he uses the 60,000 to put down as a deposit and leave him with a manageable mortgage

I’m suggesting that experience so far indicates this may not happen. Or not for a long time. But if the siblings are happy to take that risk, maybe there’s no problem.

JoyousPinkPeer · 06/04/2025 15:18

There will not be £160k in the house after solicitors, estate agents etc.

I'd split the £60k at £18k each leaving £6k for costs incurred.

Sell house and split 3 ways.
If house doesn't sell you could end up in a pickle otherwise.

MuffinsOrCake · 06/04/2025 15:13

Ok, I see. Have to trust the husband. I have reservations about my MIL will but my husband called me grabby woman. Well, so

Miaowzabella · 06/04/2025 15:12

gattocattivo · 06/04/2025 14:23

@Lanzaroteladyask sibling 3 who the executors are. If as you suspect, it’s all 3 siblings, then it sounds like they’re failing in their duty. Executors have a duty not to delay the distribution of an estate. It’s not a question of whether they ‘aren’t really bothered’ or are being laid back: this is a legal responsibility. Beneficiaries could potentially have a claim against the executors if they’re faffing around. Probate was granted 2 years ago!

Obviously Nomad sibling isn’t going to be in any hurry, they’re living the life of Riley, but the other siblings should be getting their act together.

as you’re married to sibling 3, tell them this. Do they understand that in law, they have a duty to administer the estate and distribute without undue delaying?

They do, but if the beneficiaries are the same people as the executors, and none of them seems bothered about making progress, who is going to make a complaint? Sibling 1 obviously has a motive to drag his feet, so realistically, the impetus needs to come from Sibling 2 or Sibling 3. Do they not want their share of the inheritance?

Lanzarotelady · 06/04/2025 15:08

I have said this @gattocattivo

OP posts:
gattocattivo · 06/04/2025 15:04

He can get a manageable mortgage once the estate is distributed in accordance with the will. There’s absolutely loads that can wrong if he’s given 60k beforehand. What if he cant get a mortgage offer? What if he decides that actually he’d like to hang on rent-free and mortgage-free for another year or two?

He needs to leave, find a room or somewhere to rent short term and then sort out a permanent home when the sale has gone through, the estate is wrapped up, all final costs are known and distributions made

Lanzarotelady · 06/04/2025 15:02

dapsnotplimsolls · 06/04/2025 14:56

Then crack on. Get some estate agents round. Remind your DH how the money could benefit your kids in the future.

I have said this and how much the money can be used to set us up - to no avail

OP posts:
Lanzarotelady · 06/04/2025 15:01

MesmerisingMuon · 06/04/2025 14:58

Then what's the issue?

Get the house on the market ASAP, and what is left after selling, fees, solicitors etc... they get a third each. The sibling living there can remain there until it is sold but most move out before exchange.

The £60k in the bank they all get £20k each NOW.

This is the most simple and fair way to do this and what the will stated.

I have said this then he can pay his mortgage off when he sale goes through but no one is listening to me

OP posts:
Swipe left for the next trending thread