Brothers rights to mother’s property

[Livelovebehappy]

just looking for advice on here re a potentially difficult situation, and our rights. My DH has two siblings, all three are joint executors of mother’s will which leaves her house and savings equally to all three. She is in her 90s and currently very ill. DH brother lives with his mother, and is 65. He moved in about 7 years ago following his divorce as he was made homeless. He pays a nominal amount of £30 per week to his mother to live there and has been in the position of being lucky enough to retire early too due to no housing costs etc. he funds the £30 from money he got from the sale of his house before moving in with her. He has recently been mentioning he doesn’t want to move out when his mother passes, as he likes it there, even though with his share he could buy himself a smaller property somewhere. He can’t afford though to buy out DH and sister. I’m just wondering what would happen if he refuses to allow DH/sister to put the property up for sale after her death? Can DH and sister put the house on the market without his authority? And can the brother claim the property as his, even though the will states it has to be split?

You need Legal advice to insure correct interpretation of the will e.g. does it specify the house is left to all 3 or assets to be liquidated and shared between all 3. Has your MIL specified he has a lifetime interest in the property?

Having read of similar situations, inactivity in trying to be kind can see the situation dragging on for years. There are also a lot of questions about what happens before the house is sold e.g. who pays bills, maintenance and whether or not rent is due.

I know this may sound mercenary, but it may be worth you paying for an hours time with a STEP solicitor now so you know what the position is. You can then confidently respond to any comments/hints from BIL with happy for you to buy us out or the house will be sold.

Presumably he’s been providing care or at least company to this very aged woman

and seems a little…. Dark to be investigating this before your husbands mother has even passed away?

Thank you. We have decided to carry out a few queries with a solicitor, just to get a heads up on what could potentially happen.

I appreciate it might sound a little mercenary, but his mother is at end of life care, and has been given days to live. Unfortunately, brother is not very pleasant and whilst he cooks meals for her, he basically spends the majority of the time in his room, and constantly moans at her. He’s a recovering alcoholic and has anger issues. Had he moved in to take care of her, we would understand it might not appear fair to sell the house from under him, but he literally had nowhere to go after his divorce. He had no job and living with his mother was the only option open to him. It’s worked out very well for him.

And for you probably, as even part time carers aren't cheap.