House inhertitance question.

[SailsOfSilver]

Hi, I hope that I can explain this clearly and without emotion.

There are four people.
*A and B are the parents of C and D.
*C and D will inherit their parent's house 50/50.
*Currently A, B and C live in the parents' house and D has their own house.
*C does not own their own property.
*C cares for A and B in their old age.
*D lives too far away to help with care, bar short visits occasionally.
*When A and B are sadly no longer alive and C and D inherit, can D force C to sell straight away and move out quickly so that D can get their 50% ASAP?

Yes. Sorry.

Unless C can buy D out - assuming C hasn't been paying any/much contribution to the house, one might assume C has some savings, they might need to raise a mortgage to release funds to D.

Yes, unless the terms of A and B's wills specify otherwise. For example, I believe the will could state that C is allowed to remain in the house for a year to give them time to find a new place.

Thank you for the replies.

If C does not have the money (and is not in a position to borrow enough money) to pay D for their 50% of the house then ultimately it would have to be sold unless they could come to a rent type agreement which would allow C to remain in the house while D still owns half of it

It is most likely that the house will have to be sold. I just wondered if there was any grace period allowed before that had to happen. From what I understand the answer to that is 'no', unless a grace period is specified in the will.

So, without a grace period stated in the will, it would be perfectly legal for D to put the house on the market as soon as they can.

Hopefully C and D are nice to each other, and C will find somewhere fairly quickly to buy or rent with their half of the money

@SailsOfSilver As a pp said ideally the will would have a specified timeframe e.g. 12-24 months.

However, a property can’t be sold without probate, which can take quite a while to come through. This would give C some time to come to terms with their loss and to recuperate after caring for their parents.

There is a balance in these circumstances, as C is not only losing their parents but also their home. However, D is entitled to their inheritance so cannot let the situation drag on for years.

Thanks again for the replies. It's really helpful to read them.

Having been D myself, the will was varied (if that's the correct word) and the property was in trust for C to live there (no career or income as carer for parents) and eventually pass to my dc.

Yes. You could do a life interest but if they are siblings, d might never live to see their share.

That's interesting, but not an option that D would be happy with.

D doesn't have to be happy with it. They don't make the decisions. Any variation made to the wills would be done by the people making the wills, ie the parents. It would then be up to the executors of the wills to carry that out.

In any case, the house may end up having to be used to fund care for either or both parents, and there could be nothing left to fight over.

A&B gave C a roof over her head for years, C has looked after A&B in old age. They could have paid C cash week to week to cover any additional care costs.

Splitting the inheritance in half is the only way. C won’t need a 3 bed house anyway, a garden flat would suffice.

I assume you are C op.

After A and B both die it can take months to even apply for probate, then months to obtain. Any estate agent worth their commission won't market a house until probate has been granted, you may have at least 6 months grace.

Do you work? Is there any way you could raise a mortgage to payoff Ds share?

I don't want to confirm or deny which letter I am (if any). I hope that you understand. This is a very difficult situation with lots of friction and heartache, which I hope you all don't mind that I am not going into.

The aim of this thread wasn't to change the 50/50 split. It really was just about how quickly the house will be going on the market (which is the most likely thing).

It does appear that probate should give some time and that a grace timeframe could also be added to the will if A and B want to do that. Both of these would allow C time to work out finances, grieve a bit and get their head together.

Thank you all for your input.

Are C and D also the executors?

Theoretically, C could stall for time very easily, especially if D hasn’t got the upfront means for a legal battle.

Has C got the funds to pay the bills once they are alone in the house?
There is a similar situation on the MSE forums ‘deaths and probate’ section that has been going on for years.

Funnily enough, my hairdresser’s husband has a brother who refuses to move out of the deceased parent’s home, we were only talking about it yesterday. He’s apparently wrecked the house but his sibling won’t force a sale, despite being sole executor.

@BorgQueen it appears A and B are still alive so can put a grace period into their wills. I think this is fair and actually helps both C and D.