Inheritance vs helping out

[FizzyPopLove]

My mother died and left her five children her house in her will.

She said for one year, her eldest son, my brother, could continue living in the house. He lived with her when she was alive for a bit of rent. After that one year, it was to be agreed between us five siblings what should be done about the house.

It’s now been seven years. He still lives there rent free. We have not pressured him to leave the house so we can realise our inheritance. Perhaps we should. He has bought out one sibling so he now own 2/5s of the house.

The house is really not looked after. He doesn’t seem to see what needs doing. He is resistant to finding a smaller property that is more suitable for him living alone.

My ds has found a job in the same city as the house and I thought it might be a good idea for him to stay in the house too for six months whilst he passes his probation period, saves up some money etc. My brother is reluctant to enable this. He’s worried ds will stay for longer than 6 months. It’s a 3 bed house.

AIBU to be cheesed off? He’s saved up thousands of pounds by not paying rent or a mortgage and the rest of us siblings have all paid mortgages or rent for all of our working lives.

We have been really not pushy about realising our inheritance but I feel he could be open to helping out ds1 in this way?

He should sell the house
it belongs to all of the siblings UNLESS it says something different in the will
was the year’s grace verbal or in the will
why are the rest of you enabling his behaviour?

Because we feel grateful that he stayed in the house when my mother was really elderly and couldn’t look after herself properly. I mean, I am not sure how much of a great job he did – he was there but very much did his own thing. And it benefitted him so that he could save up money by paying minimal rent.

I guess it’s where he’s lived for 40 years too so we feel guilty about booting him out. My other two siblings still with a share in the house aren’t bothered to sell.

But the issue is my ds and his new job. The house won’t be sold in 6 months anyway so he could go and stay there no problem? Aibu about this?

I think my brother will use the leverage that he owns 2/5s of the house so he gets final say.

What does the will say?
Who is executor?
How did he buy out a sibling when it's not even his house?

He needs to buy you all out, and at today's prices, not the prices from 7 years ago. And if he refuses then he needs to pay you all rent for the use of it.

WRT your son you just tell your brother it's as much your house as his and you want to make use of it. He can't say no.

The will said one year.

tell your bother your son will be staying in your 5th of the house!

He bought out one sibling because we all agreed it was

2:5 isn’t a majority though is it! If there are 3/5 owners who say they want the will adhered to, they need to see a solicitor. The end of the road has been reached. The executors have not carried out the requirements of the will either!

He others buys all of you out or you all sell
That’s the wishes of your mum
It sounds like he will be difficult I’d be prepared for a fight

The issue with your DS is separate
the issue is your brother is 6 years over the deadline from moving out
a will is a legal document

Ds should move in. Db can sell up or shut up..

No. It wasn’t a deadline for him to move out after one year.

The will said he could stay in the house for one year. Then it was for all of us to decide between ourselves. There was no stipulation he had to move out unless it was what was agreed.

I am focussing on the issue with my ds right now. He needs somewhere to stay. Rather than him spending the money then he should be able to stay in this house rent free.

I think you've treated your brother generously. You haven't pushed him in recognition of the companionship he gave your mum and the fact it was his home. But he needs to accept that other people have rights here, and that sometimes that means we can't have exactly what we want, and need to adapt and deal with our situations.
I think its more than time for a serious conversation with a deadline to sell up. Seven years is more than long enough to have made arrangements. People have to find new places to live all the time. Usually without the advantage of owning two fifths of a property and a potential savings pot from living rent free for years.
I'm not sure about your DS moving in though tbh. I don't think its a great idea for either of them to force him to have DS in what is still his home, against his will. Better to concentrate on getting the house sold.

I agree - you co-own the house so you can use it.

Leverage isn’t a minority stake.

You own 60 percent of the house. Thats leverage.

It’s family, that’s why DB stays, that’s why yr DS stays for a bit.

DB needs to give his head a wobble or you’ll sell the house.

You have a 1/5 ownership of this house. Therefore it is very reasonable for you to ask that DS stays in the hpuse for a few months.
I suggest you say to DB that DS is going to stay and then after 6 months he can decide what DS does. That way you mirror mum's will and he can hardly object.

Hes taking the P*ss.

Tell him straight that your son is staying and if he doesnt like it then he needs to buy you out. Id also start mentioning rent to him. It might change his tune and he'll realise what side his bread is buttered.

I also think you and your siblings need to have a talk with him about the up keep of the house. If hes not maintaining it, it is losing value. So not only is he living there rent free hes losing you money in the long run.

It sounds like you & your other siblings need to be on the same page of what is happening with the property, maybe all sit down and discuss your individual desires for the property & come to a compromise.

It's his home, but it's not his house and he needs to be very mindful of the fact that he does not own the whole house AND he doesn't have to pay rent to the other siblings who actually own more of it than he does.

He may not like it, but he pretty much has to say yes or pay you the rent he's been owing for the past 7 years or sell up. He doesn't have final say because he doesn't own the house. He's a tenant and has multiple landlords essentially.

Your brother worrying your son will out-stay his welcome is hilarious! Bloody cheek of him.

My other siblings aren’t bothered about selling. They are well off. I could do with the money but am not massively pressured.

I have brought it up before but my siblings just aren’t bothered to sell.

I am getting pissed off now because I think he is taking the Michael.

Dear brother. You have lived in this house many years rent free. Us siblings have not sold the house, despite that being mums wishes in her will. My dc will be staying at the house for x months as I part own this house.

Simple. I hate this saying but, time to put your big girl pants on.

You're a part owner of the house, so you should just tell him your DS WILL be moving in. Unless he buys you out, he hasn't really got a leg to stand on. It sounds like you are all being really passive about this, hence 7 years later he is still there. Stop letting him have the final say. What do your other siblings want to happen? My dad died and left me and my two siblings his flat in Spain. We have always said as there are three of us, it has to be a majority vote. Me and my sister want to sell the flat, my brother wants to keep it. We are selling.

This really!

He needs to move out or buy you all out at today’s market price. Get the house valued to find out what that is.

In the meantime of course your son can stay, you own the house jointly with your brother so you can just tell him it’s happening!