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?

It could be very awkward for your ds if your db makes it plain he doesnt want him there. But you've all enabled the situation by not pushing for your share once the year was up.

As I suspected, you have a right to sell the house if you and the other siblings want out. However he doesn’t have to let your son stay there as your son is not one of the beneficiaries or owners. This is what the situation is according to AI but interestingly the courts may give you a higher share when you sell as your brother has lived there rent free:

Legally, the nephew does not have an automatic right to move in simply because his parent owns 20% of the house.
A co-owner cannot normally license a third party to occupy shared property in a way that interferes with another co-owner’s rights without agreement.
So the brother is probably within his rights to say:
“I don’t want your son living with me.”
From a legal standpoint, he doesn’t have to accept another adult into the house.
Could the siblings claim “occupation rent”?
Potentially, yes.
This is where the brother may be more vulnerable.
Where one co-owner has had the sole benefit of a property while excluding others, courts can sometimes order an occupation rent adjustment when the property is eventually sold. That means:

• the occupying sibling may have to account financially to the others for some of the benefit he received,
• although this can be offset against expenses he has paid (insurance, council tax, repairs, mortgage payments, etc.).

Can you be bought out too if another sibling has been?

No. He didn’t have enough money to buy more than one sibling out.

Ask him to buy out your fifth of the current valuation of the house. OR if he can’t afford it, ask the rich siblings to buy out your share (10% each, so then resident sibling owns 40% and rich siblings own 30% each.

Or even, the 3 siblings buy 1/3 of your share each, so then they each carry share of burden for buying you out.

Im sure if you tell the other two rich siblings that you want to give your son a good start in life they will understand and want to help; surely it’s not fair for them to insist sibling stays living in the house indefinitely when you want to cash out.

Yes he absolutely should. It makes perfect sense for your Son to utilise the house.

Could he buy you out by taking out a mortgage?

Sounds like your mum meant well but has left you with a messy situation.

He’s 69

Long overdue time to start enforcing the terms of the will then. The idea of losing it might focus his mind on it being better to have your son staying there.

@FizzyPopLove YANBU!

It's not your brother's choice. You own 20% of that home so if your DS needs somewhere to live then he can go and stay there.

Your brother has had 7 YEARS to find something else. Granted he was given a year to stay, but if he hasn't paid you your share of the rent then he is not in a position to bargain.

I would suggest at this stage that either the house is sold or he pays market value rent for the property (of which you each get your 20%, so he would get 40% back).

But if the house needs any maintenance, then by owning 40% he will have to pay a bigger share of any work that needs doing, which complicates matters.

Obviously if your DS stays there, your brother is going to make his life miserable. At best it's going to be really awkward.

You've all been very foolish in not acting when the year was up. It's all very well your very comfortably off siblings not being bothered, but they've made love difficult for those who are. You should have forced the issue earlier.

Your parent expressed their wishes, and you all ignored them.

So call a family meeting, but before you do that, make sure you have written everything down, and shared it with your siblings.

Whoever is the Executor of the will (if all of you) engage a Solicitor to manage once you have agreed.

But tbh he has had his year, and it's only fair he either buys the house and pays you all your inheritance, or as joint owners, what's to stop your son staying for a few months?

If you're all around the same age, when one of you dies, this situation is going to create a nightmare for your own kids.

It's taken two years for me to deal with the legal nightmare that was my late mum co-owning a property that the remaining person (not me) lived in. I daren't even imagine how difficult it's going to be for the kids if the first sibling to die in your family.

Get it sorted now, seriously.

Actually no. My mother did not say we had to sell.

She said it was for us to all decide after one year. It was decided that we wouldn’t sell just yet.

Who is the executor?

What an awful situation for you all. Yes he's taking the piss not selling it but I can absolutely see your point not pushing it. He lives there, it's his home.

Definitely push him on your ds living there though, if your db can enjoy the benefits of a rent free accommodation then your ds can too particularly as you part own it!

Hi op this is a crap situation he has not paid anything apart from bills I would suggest he buys you out or ds stays there he is definitely taking the piss it’s not all his house your mum probably wanted him to have a year of security after her passing he’s taking this too far now. You should get your share remember he has had the free living for 7 years so this should be took into consideration. I would be really pissed off with him. He’s laughing at you all. Fuck him. Cheeky twat.

You need to get a solicitors advice now. ESP if the other 3 of you agree.

Was the Will a properly witnessed one, signed and dated ?
Was there an executor named ?

I would go and get some legal advice OP.
If there was an executor they have not undertaken their job properly.

I don’t think doing this is going to do much for family relations or helping my ds with somewhere to stay.

Yea, it was a proper will etc etc.

Is there any reason DB has to 'enable' DS to live there, rather than DS just moving in? I can't tell if your use of language means something specific there or if you're just conveying that he doesn't much care for the idea. For example, is he the only key holder?

I was just being polite, chatting to DB about it.

There are keys but I think it’s courteous to discuss it first.

When things like this happen the house needs to be put in “trust”. This is to sort out the legal ownership of the property. It can be a costly process.

you need to Google this.

Can he buy you out then?

Maybe pose it like, if you're not comfortable having your nephew staying then maybe it's best you buy my share?!

I'm surprised you've all let this drag on for 7 years and tbh I think your mum took a cowardly approach with the will by not making a decision on the house.

Not meaning to be unhelpful at all.

What you do with the advice is your choice. But you will know what the law says.

And as for family relations. There is a property which to all intents and purposes you expected to part inherit. But your family haven’t let that happen yet. And from what you say don’t want it to either.

I do think you need legal advice. That is all it is. You know how the land lies. They can advise you of the consequences of doing a, b or c. Or nothing.