Family home inheritance problem

[Samain123]

Hello, I wonder if any of you have any experience of, or professional advice about our family problem that has been going on for years.

I don't want to give too much detail as the people involved would be horrified, but I just need some sensible advice and think you guys will give that. Family bought up in a rented house, elder son does well and buys house when it becomes available for aging mother. Father has already died, looked after at home with Cancer by younger son who never left home and had problems coping with life both before loss of father and then far worse afterwards. The two sons are like chalk and cheese and there is bullying and mild violence from the eldest son who doesn't understand the mental illness of his younger brother and wants a better standard of living for his mother by doing repairs to the house. Younger son bitter as he has had to give up the protected tenancy that he would have assumed, if the eldest son hadn't put a deposit down and got a mortgage to buy the house. Mother's benefits and younger son's carer's allowance for her, pay the rent to elder son and he tops up the amount for the mortgage monthly. Eventually eldest son decides he can afford to spend money on the house, having already spent a lot on the house he owns but doesn't live in, next door. Mother and younger son have been disturbed by the noise of the renovations and scaffolding that went on through weekends and lasted over a year. Neither want any upset to have their home invaded by builders. The brothers become locked in hatred. Mother dies eventually and as there was yet another row between the brothers, the younger son doesn't see his Mum on her deathbed. He is now in the house which is a testament to his OCD and obsession with flies: it's full of rubbish and is in a terrible state of repair. He will not let the brother who owns the house in. The younger son has at last been to the Dr who has prescribed some tablets to help him cope, but he doesn't trust the Dr so hasn't taken the pills. In view of the violent history of the brothers, surely it is madness for them to continue as Landlord and Tenant? Yet the younger son has never lived anywhere else and is now middle aged and in trauma. The house needs work to fulfil Landlord obligations but the owner son doesn't really have the cash to do it. But here's the funny thing: neither son wants to sell the house and want to keep it as a shrine to the parents ... yet don't want to be involved with each other. What to do?

Elder brother should give notice of eviction, and younger brother can take that to the council and declare himself homeless.

What a sad story. No idea but I hope that the younger brother gets some help and a safe place to live.

The elder brother sounds awful imo.

The younger brother would probably be classed as a vulnerable adult and would qualify for help. It's not really healthy to keep a house as a "shrine" to deceased parents IMO,
As mentioned above the older brother needs to serve an eviction notice. Sounds a bit cruel but sometimes needs must and the elder brother does actually own the house

Can someone contact adult SS for the younger brother?

Many thanks for your prompt responses, you are kind. Yes I could contact Adult Social Services. Just afraid of pushing youngest over the edge. He has mentioned suicide, but it's thought it's a cry for help. He is bloody minded as a character these days. Dreadful situation. Feeling supported, so thank you for your time and wise words Xx

I think they both need individual legal advice. I'd say the younger brother may have a right to live there (or have accommodation provided for him elsewhere as a vulnerable dependent who had previously had a home provided by elder brother). I was a legal secretary for 11 years, five of which a probate secretary so did see claims being made of this mind.

Was it a council house or private let, would younger son have afforded the rent on his income if older hadn't bought it?

Oh I was really hoping someone with legal experience would join too. Thank you so much. The house was a private tenancy since the 1960s with capped rent. Hence the value of the protected tenancy. Even so the younger brother would struggle to afford it on benefits these days as it's a three bed Victorian semi in a nice area. Also would social services pay for a three bed house?

I'm not a legal person OP but in my family there is a situation which is comparable in certain elements: a vulnerable adult son solely occupying the once-family-home which is now owned by another family member. The occupying son has mental health issues and isn't able to work so cannot afford to maintain the house which is crumbling around him. Isn't keen on any maintenance being arranged by others as "disturbing him". And keeps the house to some degree as a shrine to his deceased mother.

In my family this situation has been ongoing for almost 2 decades. It's a tragedy really, a wasted life. I believe it would have been FAR kinder for the adult son to have been re-housed (by family) many years ago to a much smaller place which was possible for him to maintain and which might have given him some sort of fresh start. But he always refused such a move in the strongest terms.

I do believe that whatever the vulnerable son feels, letting him continue in this state for the rest of his life would not be in his best interests. Someone (perhaps it might be you, OP?) who loves both the brothers might be able to mediate a solution whereby the house is sold and some part of the proceeds used to support the younger brother, as perhaps the parents would have wanted. Wish you all the best. x

Thanks so much for sharing, WoolyMammoth, it's so helpful to hear real life experiences and it makes me feel supported through this nightmare. I agree with you on every level - this is what I have suggested for all the reasons you state.