Inheritance vs helping out

Yes I made this very point earlier yesterday.

If the estate was not finalised properly then it does matter. How have the deeds of the house been organised? Have they been transferred legally. Etc .

Two fifths equity of a house is unlikely to buy him much. He will know this.

It very much is. There is much here absolutely to do with the Will.

Playing devil's advocate here and looking at it from the DB's position just so we consider both sides. He lived with his mother all his life until she passed away and has been living in this house for 40 years since he was 29 years old. He lives alone and the house is not being maintained. There are possibly some mental health issues here. Up until his mother's death it was probably very convenient for the other four siblings that he was living with their mother. Irrespective of how much he did in the house, he was company for her, no doubt helped her out, it look the pressure off the siblings knowing that she was safe and secure as she wasn't alone. Let's face it, they had less to do as he was living there and it was convenient for everyone. From his point of view, now she has died OP and at least one other sibling wants him out. He has nowhere to go and can't afford another place. He is so desperate to stay that he bought out one sibling but can't afford to buy out another so has limited means now to live on for the rest of his life.
The OP's mum to some extent abdicated responsibility when it came to deciding what to do with the house by leaving it up to the five siblings to decide what to do. She probably felt that she wanted to treat them all equally by dividing the house equally between them but at the same time wanted them collectively to decide what to do with it which would clearly be contentious.
The two siblings who are not pushing for a sale probably realise that the reality is that DB will live on in the house until his death or until he goes into a nursing home and that eventually a share of the house will come to the three remaining siblings (excluding the one who was bought out) if they survive him or if they don't to their children/estates.
All those who are banging the table advising the OP to go to a solicitor and get him out need to look at the cost and practicality of doing this and also ask if the OP's mother would have wanted this. There has been a value to the family in the DB living with the mother until her death and in all the circumstances, a life interest in the house given his assistance to their mother over the years, his mental health and his current predicament is not sn unreasonable solution to this predicament.

That’s his tough luck. They can sell. With 40% of the value he can downsize.

He can't afford to buy her out and he's 69 so he won't get a mortgage.

It doesn't matter who the executor was. The role of the executor was to distribute the estate according to the will.

That was done seven years ago. It is now just a property dispute between the joint owners of the house.

As someone said upthread, it doesn’t matter any more. The will was executed, the five siblings are part-owners of the property. The executor has done their part.

Either he lets your son live there, or he buys you out so you can support your son.

Despite being asked several times, OP has not said who the executor of the will is. This makes me think that OP does not actually want advice relating to the will or the property.

I would recommend legal advice.

There is something about if a person can prove they were a ‘dependent’ in the family home..

In addition, I would be concerned about the length of time now that your brother is there.. each year builds a stronger case in his favour.

I think the best think to do is execute the will quickly. You can still all agree he can stay but on clear terms. I understand the head in the sand approach is the easiest but it’s the worst thing to do as the cohabiting child digs in. The longer it’s left the harder it is to act.

I'm kind of in a similar situation. We are quite a laid back family that seems similar to the OP. Our sibling is living with our surviving parent. The sibling has a lot of health issues, although he thinks he is the carer of our parent. I do most of the organising for the house and also health issues. The will of the parent states that all assets should be divided equally between the siblings but I can foresee issues due to one sibling living in the home. He has never paid a penny in rent. Our parents did everything for him. It is such a mess but we are all burying our heads.

Wow this is a messy situation and as others have said one that should have been sorted out one year after your mothers passing.
At this stage id just inform DB that husband will be staying as it'll be convenient for you all and not go into details about selling etc, your brother is 69 and been living there 7 years? The likelihood is he will remain there until he dies or goes to a care home/supported living, id make peace with that, your siblings will not force DB out at this age or stage in life.

I don't think he can really refuse DS to be able to stay there- the 5 siblings had equal rights in the house- I can understand not pressuring him to sell the house- but clearly he has no intention of moving,selling or downsizing as he has bought one sibling out.
The 4 of you have equal rights in the house and if you and your 2 unbought out siblings decided they want to live there that isyour right. Your brother living there will stop you realising your inheritance for the foreseeable future- I would say that the other 2 bedrooms should be rented out so you and your siblings see some income from your asset, or he could let DS stay there while he saves up, I'm guessing he will go for that option- really he has no grounds or right to refuse.Otherwise he needs to buy the rest of you out.

I agree. The executor has long left the building. One or more of the siblings may have been the executor but that role is finished and they would just be a co-owner at this point.

It doesn’t matter who the executor was - the requirements of the will were put into place and the 5 siblings became owners, and the brother living there was able to stay for a year which has now passed. OP has been clear that this isn’t anything to do with the will any more. There isn’t anything else for the executor to do now.

This issue is only going to worse as more adult children don’t leave home. Even if the will was clear that he moves out after a year if the executors aren’t minded to enforce it as they should out of inertia / guilt / kindness you end up here. Really difficult op.

I’d say in that case it needs to be sold so you can use your share to help your son.

I’d say your Ds is allowed to live in the house and if your brother refuses say you need the money to support your Ds so will start proceedings to force a sale.

Then, come what may, tell your brother and two other siblings that you want / need your share now and either they buy you out (today’s prices) or you force a sale,

This is ridiculous!

Any one owner can force a sale. If any owner refuses or even if all bar one refuses any one owner can apply to the court to order it. In Scotland it's an action of division and sale. It's a brilliant way of wasting money. And no us greedy, grasping solicitors would be happy not to touch it with a barge pole.

So far as loss of rent, no chance. All the owners are entitled to use the property. Owners can agree that some of them won't use it and they can agree the owner who is using it will compensate the non users. But as the other owners simply chose to let him be the sole user they can't retrospectively change that.

Yes it might be his home, but he is not the sole owner and the fact he owns 2/5 doesn’t mean he can trump your son staying there as you own your share of it. He has benefited for years and about time you enforced the sale now, as he is clearly not grateful that he hasn’t been forced to sell. A friend lived with her mother and siblings (4 of them) agreed 1yr roughly to sell and its now a year and she’s started looking. Dragging it out is unfair to everyone else.

I think one owner can force the sale. Get legal advice. Unless you foresee any issues, tell your brother that he will have a housemate soon. Your brother has cost you all a LOT of money in lost rent. Calculate the amount and share it with everyone. People change their minds when facts and figures come in to play.

Can also write to him and explain that your son is embarking on his life and needs the same advantages he had. Either to be able to save or to get the funds from sale. He's being selfish and unreasonable. Kids are supposed to leave the nest, and he's had long enough to sort his finances while living rent free. 40 years!

How old is your son and does he want to live with a pensioner? Does he know his uncle well and do they get on?