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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:
Lanzarotelady · 06/04/2025 15:00

MuffinsOrCake · 06/04/2025 14:59

Tell him you are going to implement the will as your mother wrote it. End of conversation. Work for your money.

How can I do that?? I am not am executor - I am married to a sibling

OP posts:
Lanzarotelady · 06/04/2025 15:00

TulipBlooms · 06/04/2025 14:56

So the suggestion seems to be that he gets the £60k cash and then continues to live in the house rent free. What could possibly go wrong?

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

OP posts:
MuffinsOrCake · 06/04/2025 14:59

Tell him you are going to implement the will as your mother wrote it. End of conversation. Work for your money.

MesmerisingMuon · 06/04/2025 14:58

Lanzarotelady · 06/04/2025 14:54

He isn't refusing the house sale, he wants to sell so he can buy something smaller - more manageable -

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.

dapsnotplimsolls · 06/04/2025 14:56

Lanzarotelady · 06/04/2025 14:54

He isn't refusing the house sale, he wants to sell so he can buy something smaller - more manageable -

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

TulipBlooms · 06/04/2025 14:56

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

So the suggestion seems to be that he gets the £60k cash and then continues to live in the house rent free. What could possibly go wrong?

gattocattivo · 06/04/2025 14:55

It won’t go tits up if the executors carry out their legal duties and distribute the estate equally in accordance with the will.

@Lanzaroteladyultimately not your problem because you’re not an executor or beneficiary but it might be worth reminding your dh of this! if he’s an executor himself, he has duties. If he’s just a beneficiary, he ought to be asking questions of the executors. If Nomad is an executor, they’re on dodgy territory, leaning on other beneficiaries to try to gain an advantage for themself.

sounds like everyone involved needs to look carefully at where responsibilities lie. That’s how to avoid things going tits up.

Lanzarotelady · 06/04/2025 14:54

dapsnotplimsolls · 06/04/2025 14:52

If no. 1 refuses to agree to the house sale, tell him he'll be sued for the rent he should have been paying. Arse.

He isn't refusing the house sale, he wants to sell so he can buy something smaller - more manageable -

OP posts:
Lanzarotelady · 06/04/2025 14:53

godmum56 · 06/04/2025 14:49

but if it does go tits up its not your problem surely? It doesn't sound as though your partner wants your support or advice? And forgive me? he told you who the executors are/is and you have forgotten?

Sorry am I supposed to remember everything my husband tells me??

OP posts:
dapsnotplimsolls · 06/04/2025 14:52

If no. 1 refuses to agree to the house sale, tell him he'll be sued for the rent he should have been paying. Arse.

ThePiglet · 06/04/2025 14:52

godmum56 · 06/04/2025 14:46

well if your husband is not bothered either, I think that you can not be bothered too. after all there is zero that you can do.

I'd be bothered if I were married to D3. It's kicking a can down the road, and it doesn't get easier to deal with. Nomad stays in the house, its condition gets worse, decent sale harder to come by. Or he gets his share early /spaffs it up up the wall/house ends up going under value etc.

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.

RedHelenB · 06/04/2025 14:50

Split it 3 ways, is he single?

godmum56 · 06/04/2025 14:49

Lanzarotelady · 06/04/2025 14:33

He probably has told me - I have forgotten
Each time we discuss it - it ends up in us arguing as it comes across as if I am grabby! I am not - but I can just see it going tits up

but if it does go tits up its not your problem surely? It doesn't sound as though your partner wants your support or advice? And forgive me? he told you who the executors are/is and you have forgotten?

nottoplan · 06/04/2025 14:46

The estate needs to be managed ie house sold , all other items valued and sold , bills outstanding paid then all remaining proceeds divided equally 3 ways and paid out at same time

godmum56 · 06/04/2025 14:46

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

well if your husband is not bothered either, I think that you can not be bothered too. after all there is zero that you can do.

gattocattivo · 06/04/2025 14:46

the other siblings need to get shot or Nomad sibling as a 58 year old living there with no home of their own will be seriously off putting to potential buyers. Theyve had 2 years of living there since probate was granted - god only knows how many years of cheeky fuckery free loading before that.

It may come as a bit of a shock to them to have to start paying their way- but on the other hand they’ve had 58 years to get their act together! Most people have done decades of work, saving, paying a mortgage by then. Nomad has chosen not to. Not anyone else’s fault.

Streaaa · 06/04/2025 14:45

ThejoyofNC · 06/04/2025 13:04

Split the £60k 3 ways. He uses that £20k to get himself housed, either deposit or renting.

Sell the property and split 3 ways.

It's incredibly simple this way and what he's proposing is unnecessarily complicated.

This.
Keep it simple and straight down the line.
His lifestyle is not for you to compensate for.

godmum56 · 06/04/2025 14:45

Lanzarotelady · 06/04/2025 14:05

I don't know who the executors are - I think its the three of them

Does your partner agree with you and is he discussing it with you? If he isn't discussing it with you then I'd just stay well out. My feeling is that if he wants your support then he needs to be open with you including stuff like who is the executor(s) If he doesn't want to agree with Nomad then as an executor, he can just say no and as a beneficiary he can say no too because to make such a change before distribution, a deed of variation would be needed and that requires the agreement of all the affected beneficiaries. After distribution then everybody gets to do what they like. Executors being beneficiaries is very common. They have to wear two hats. If nomad is an executor then he shouldn't be proposing anything that is not in the interests of ALL the beneficiaries, not just himself. I am nobody legal but was involved in a similar situation when a parent died. Its neither easy nor pleasant.

Lanzarotelady · 06/04/2025 14:44

ThePiglet · 06/04/2025 14:43

Also, if he's working, he can save more money in the interim

I have asked how much in the 2.5 years since she died how much he has saved whilst living rent free

OP posts:
Lanzarotelady · 06/04/2025 14:44

ThePiglet · 06/04/2025 14:43

Also, if he's working, he can save more money in the interim

hahahaa pull the other one it has a bell on it
Save not a word he is familiar with

OP posts:
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

OP posts:
ThePiglet · 06/04/2025 14:43

Also, if he's working, he can save more money in the interim

ThePiglet · 06/04/2025 14:42

Why can't the house go on the market now, realistically priced for a quick sale chain free, while nomad brother is living in it? He can start to look online now, work out locations etc, and when there is an offer in he can look to move quickly. He'll be effectively a chain free buyer so shouldn't take too long.

If there a few months between completion on mother's house and on his purchase, he can get a short term let, or be a lodger for a little bit if that's too expensive.

AnticleaAndLaertes · 06/04/2025 14:37

CoffeeBeansGalore · 06/04/2025 12:57

I would want to keep it simple.
Wait until the house is sold and all fees paid. Then split everything equally.
Sibling can stay in house until sold then will have to rent until he buys a house. He will still have a lower mortgage. But will have to wait a little longer.

This.

Stay in the house till sold.

Barney16 · 06/04/2025 14:35

Money split three ways, house sold and proceeds split three ways. He needs to get a rental so house can be cleared out and got ready to sell, as much as it's possible to do, given that it needs a lot of work which presumably isn't going to be done presale.

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