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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Inheritance issues causing a massive tension in the family.

999 replies

ThornAmongstRoses · 22/03/2021 10:39

My DH and his sister have no relationship with each other. It’s not that they actively dislike each other, it’s more that there’s just nothing there, just total indifference. They may see each other yearly at a family get together or something but there’s no contact in between those times, not even a text message here and there.

My FIL lives relatively close to us so is very involved in our lives (no problem at all, he’s a lovely man) and since he lost his wife (DH’s mum) just over 4 years ago we’ve taken him even more into our fold to ensure he doesn’t get lonely.

We live near the Midlands and DH’s sister and family live near Skegness. His sister comes down about once a year to see her dad and will stay for about a week with her partner and their children. FIL doesn’t go and stay with them though as with their two young children, and the fact the house is quite small, there’s isn’t really any room to accommodate FIL for any period of time.

Anyway, FIL has always said that when he passes away he would want his property sold and split 50:50 between DH and SIL.

However, last week he dropped a bombshell that he’s sold his house and is moving up to Skegness and will be having a Granny Annexe type Cabin built in SIL’s garden for him to live in.

We have seen the brochure for the Cabins and they are beautiful and cost about £100k to £130k depending on size and style.

We asked how on earth he would fit one in SIL’s garden as they only have a small garden and FIL told us that SIL is going to sell her house, and then he (FIL) is going to give SIL £90k from the sale of his own house and his contribution will allow for a mortgage big enough to her to buy a larger house with a big enough garden for his Cabin to be built in.

FIL’s house has already been sold for £250k and has said he will give £25k to my DH. The remainder will be used to give £90k to SIL (so she can buy a bigger house) and then the cost of building the Cabin.

SIL is waiting to start a new job which will enable them to pay the increased mortgage payments on whichever house they buy, compared to the payments they have for their current house.

My DH is quite upset as not only is SIL being given £90k, she will then also have a much larger house to show for it, and after FIL’s passing, a nice £120k accommodation in the back garden which will no doubt add a lot of value to her property.

DH is more upset as the 50% inheritance that was earmarked for him was mainly going to be for our children as we were going to put it into a university fund for them to use when they’re older.

FIL has also asked if he can come and live with us whilst everything “at the other end” gets sorted, which we have already said yes to.

FIL has got to leave his house at the end of April and has told us he’ll probably only be with us for a few months, but SIL hasn’t even started looking for a house yet, never mind the two months it takes to build the Cabin when the house has been bought.

It’s all such a mess.

There’s underlying tension brewing and I’m worried it’s going to cause a huge fracture in DH’s and FIL’s relationship and also that DH’s and SIL’s relationship will go from one of apathy to one of rivalry.

Are inheritance discrepancies a typical cause of family feuds? Is DH right to be feeling a bit irked by it?

Rather than the £125k that was supposed to be his fair share, he’s now getting £25k out of the whole £250k and everything else, in effect, is going to SIL.

OP posts:
Expectingsomethingwonderful · 22/03/2021 12:42

Why does everyone think this is such a crazy idea. I think living in a granny annexe in the garden of my daughter's house would be perfect for my retirement and I would be happy to contribute to the purchase of the ideal property - so much nicer than buying a souless retirement flat and seeing my grandchildren occassionally. Through lockdown I have relied so much on help from my daughter and to live that close would suit us both. The money is his to do what he likes with - it will all get eaten up by care home costs if one of you doesn't take him in.

Alsohuman · 22/03/2021 12:42

Surely this is better than a cabin in someone else’s garden?

Gleneagles Drive, Skegness
www.rightmove.co.uk/property/89460706

ChronicallyCurious · 22/03/2021 12:42

The poor man isn’t even dead he’s only 65! Confused It’s his money not your DH’s inheritance, he can spend it as he wishes.

What would happen if he got really sick and had to spend it all getting care? Would he be mad he spent his inheritance then? The man has potentially lots of years of his life left yet, I don’t think your DH has a say in how he spends his money.

Salome61 · 22/03/2021 12:43

Twenty odd years ago my mother sold her bungalow and put the whole £50K to buy a three storey house with my brother, she had the front and back rooms, and shared the kitchen. When she died my brother sold the house and I got £25K from her original investment, not a 50% share of the house sale price which was a lot more. Death and money brings out the worst in people, I was angry for years and it's a waste of energy. I forgave my brother for his greed, but haven't seen him since, he has different values to me.

candlemasbells · 22/03/2021 12:45

I would ensure he has independent legal advice, take him and pay for it yourself if necessary as it will save a lot of potential difficulties later.
If he's not on the deeds he has no rights and it could be seen as diminishing assets to avoid care fees and if it all goes wrong it will all land on you. As much as you say you won't look after him if it all goes wrong and he needs care but you will do out of love.
It nearly happened in my family but they were thankfully unable to sell their property as the promised care never did materialise. The money was just wanted to buy a larger house.
If he wants to move to skegness there are plenty of bungalows at reasonable prices maybe he should go view some.

MobyDicksTinyCanoe · 22/03/2021 12:48

Why can't he just buy a little house in skeggy? He's putting himself in an extremely vulnerable position doing this.

Dustyhedge · 22/03/2021 12:49

He can’t go into it without his eyes open. I would want a lawyer to review but also some serious conversations about:

  1. what happens if planning permission isn’t granted?
  2. what if your fil needs care?
  3. will your fil have a financial interest in the new house? I suspect mortgage company might be a bit iffy about a gift from someone who will be living in the house but without owning a share.
  4. what if either party wants to move? There are no guarantees the cabin will achieve the value it will cost to buy and install- might actively put some people off the property.
  5. what happens if either party die?
Shehasadiamondinthesky · 22/03/2021 12:51

Unfortunately inheritance issues are the main cause of major rifts in the family and can cause lifelong family breakups and aggro.
I'm glad I have only got one child and all my other relatives know I've left everything to him.

Lampzade · 22/03/2021 12:52

I agree with posters who suggest that you encourage your FIL to seek independent legal advice.
It’s probably best that someone who doesn’t have any personal or financial interest advise your FIL of the possible unforeseen ramifications of the action he wants to take.

MindGrapes · 22/03/2021 12:52

@Expectingsomethingwonderful

Why does everyone think this is such a crazy idea. I think living in a granny annexe in the garden of my daughter's house would be perfect for my retirement and I would be happy to contribute to the purchase of the ideal property - so much nicer than buying a souless retirement flat and seeing my grandchildren occassionally. Through lockdown I have relied so much on help from my daughter and to live that close would suit us both. The money is his to do what he likes with - it will all get eaten up by care home costs if one of you doesn't take him in.
It's not that this is a bad idea on in its own - my family did this quite happily - but as everyone has pointed out, the specifics seem very poorly thought through and could end up with the fil homeless indefinitely.
ElsieMc · 22/03/2021 12:52

Two things op. My dm died in care. There was over £120,000 owed in care home fees and I was really worried they would not be covered on the sale of her home. After a few months, we had to pay community charge on an empty home and interest on the care fees. We sold under market value and it was a relief. No disappointment here because it was not my money. It was hers. But this situation is a common one and so there are no guarantees.

Secondly, my mil put £100,000 towards a large house to move in with her dd and dh. A few years later they split. He wanted a 50/50 split and insisted the £100,000 was a gift. Proper legal advice was avoided to save a few hundred pounds. I worked for my solicitor and I cannot tell you the disastrous financial consequences of ill thought out bequests or avoidance of a few hundred pounds in fees. They are still fighting now and it is horrible. My dh was left out of all of this much like your dh op and was hurt. But I always knew, given the personalities involved, it would not end happily.

fwiw, I think this has disaster written all over it and take his gift of £25,000.

HamFisted · 22/03/2021 12:53

I know of a woman who was persuaded to sign her home over to her daughter and her husband. She was promised she'd continue to live there and they'd look after her etc. They soon turfed her out and she found herself homeless, unfortunately.

Make sure your FIL gets something legally binding to state that he owns the cabin/has a right to live in it.

ThornAmongstRoses · 22/03/2021 12:54

Are you really all that concerned about your FIL? It seems odd that this is now your priority, but in your first post, there was no mention of “being concerned” about your FIL being manipulated by his daughter or the legal implications of this plan

That’s why MN is great - because it’s the impartial input of others that make you see what the real problem is.

Prior to this post I was upset for my DH about the inequality of the treatment between him and SIL, but now I can see that’s the least of things to be concerned about.

OP posts:
DisappearingGirl · 22/03/2021 12:54

Why does everyone think this is such a crazy idea. I think living in a granny annexe in the garden of my daughter's house would be perfect for my retirement and I would be happy to contribute to the purchase of the ideal property - so much nicer than buying a souless retirement flat and seeing my grandchildren occassionally. Through lockdown I have relied so much on help from my daughter and to live that close would suit us both. The money is his to do what he likes with - it will all get eaten up by care home costs if one of you doesn't take him in.

I think if he saw SIL regularly and got on with her family and they had a history of looking out for him, it would be different. But the fact that he doesn't see her that much and her DP has always been horrid to him makes it a worrying idea that he's moving into their garden!

If he fancies living in Skeggy and also wants to help his kids with housing costs now (if that's what SIL is really after), a safer option for FIL would be to downsize, buy a smaller place near Skeggy and give DH and SIL some cash towards a bigger house.

Keepitnerdy · 22/03/2021 12:57

I would be angry mostly because my mother would have wanted me to have her half 65k atleast and would have had my df inherent to ensure he had a home etc, I wouldn't mind the rest of the money but not getting what my mother would have left me had she known would have definitely upset her.

Stratfordplace · 22/03/2021 12:58

Well I’d tell him to keep his £25k as he’s not dead yet and will probably need this money if anything goes tits up.

Unlike others saying it’s your DFIL’s money and not your DH’s inheritance I think your SIL and DFIL have been underhand and sneaky. She’s getting a new much larger home with a lodge in the garden.

Your DH feels left out and I’m not surprised.

nitsandwormsdodger · 22/03/2021 12:58

Everyone is being a bit harsh on you op
If you were lead to believe for years that you were getting a certain amount of money and had mentally spent it it's really hard to "lose" that amount of financial security
But
Your father is choosing to be looked after in his old age by his daughter and she may have him there for decades, he may be a massive burden
So all you can do it suck it up and grieve/Seethe silently for your lost cash

fluffysocks89 · 22/03/2021 12:58

The usual “it’s his money to do what he likes with”.I think he’s being unfair. You treat your kids the same. He’s hardly in his dotage. He surely knows that he’s not treating his son fairly. There must be a better way.

Keepitnerdy · 22/03/2021 12:59

If your fil goes into care 8?7? Years before he passes that money would have to be payed back ... I think don't quote me but it's worth looking up.

Stratfordplace · 22/03/2021 13:00

It’s called a Lifetime gift and 7 years have to pass

TinkerPony · 22/03/2021 13:02

Will FIL be contributing to your household costs in the meantime and giving up room for him only fair.
But eek Confused yes his business to sell house but it feel like there was secret meetings between FIL and daughter/SIL discussing his future without Son/Brother' knowledge. Why left out?

YetAnotherSpartacus · 22/03/2021 13:02

Unlike others saying it’s your DFIL’s money and not your DH’s inheritance I think your SIL and DFIL have been underhand and sneaky. She’s getting a new much larger home with a lodge in the garden

Just speculation - but i do wonder if he has always felt he has had to buy her love AND if she will boot him out as soon as he stops being a convenience to her.

fluffysocks89 · 22/03/2021 13:03

Why such an extravagant cabin too. Looks like Sil wants the best seeing as how it isn’t her money.

ThornAmongstRoses · 22/03/2021 13:03

So if he did have to go into care who would be responsible for the fees? Because it’s not like he could sell his Cabin in the way other people sell their homes? He can’t sell a Cabin that’s built on land legally owned by SIL anyway can he?

I’m really not familiar with the specifics of fees pertaining to elderly care.

OP posts:
EdgeOfFortyNine · 22/03/2021 13:04

I think the inheritance for your DH is a red herring. You both need to sit down with FIL and go through all the legal implications but don't mention the fact that it's potentially unfair to your DH.

Ideally FIL would rent a place in Skegness for a full year, so he can see what coastal towns are like in Winter.
I know a couple who desperately wanted to move to Skegness when they retired, and eventually did so. I think they lasted five years before moving back to their previous town.
Lack of hospital facilities, being miles from a big city, poor transport links, etc, meant life there wasn't quite how they'd envisaged.

Write out some of the drawbacks already mentioned here by other posters:
Deprivation of assets, if needing social care in the future.
Planning permission
What happens if FIL falls out with SIL?
What happens if SIL and her DP separate and her DP wants his half of the property?
What happens if SIL got sued or went bankrupt and needed to sell the property?

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