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Brother living in inherited house, banning sibling from visiting, probate

74 replies

GudrunM · 20/04/2023 14:48

Hi...

My father died last year, left his house (no mortgage) equally between his 3 offspring , with my sister 53 and brother 42 as executors. My brother has never left the family home, and has I think only worked maybe 3 years in his life, when he was around 20...has never studied, volunteered or travelled. Not sure what he does with his life actually... nothing criminal, not an alcoholic, etc....just a bit of a loner. He also was not my Dad´s carer as my Dad was very healthy and able up until his death.

Thing is, my Dad left a little note, signed by himself ( not as part of his will) stating that my brother can ´stay in the house, rent free, only paying household bills, for as long as he wants´!!

My sister & I are pretty sure throughout his life, he barely contributed anything for rent to my Dad, or to cover bills...so of course he is taking full advantage of this continued rent free situation ( lovely, 3 bed semi, with a garage and garden) , and banned us from the home since 3 weeks after the funeral. He calls it ´his home!´

A solicitor has already said the note is not legally valid, but my sister and I decided to honour Dad´s wishes for a ´while´, ideally 1 year, to give our brother time to find his direction & find his own , 1st home, something not so difficult, as we are set to inherit around 100 thousand each from Dad´s house.

He also started a legal case against my sister, stating he cannot complete probate, as she lied about not owing Dad any money. (not true) The brother has spent almost 1 year now, searching around Dad´s rather muddled financial receipts, looking for any scrap of paper that may suggest any loans took place, even going back to 2004!.... He seems to hold some kind of vendetta against my sister, as she often tried to gently bring up when visiting, his lack of ambition, travel, work, even volunteering....and also not paying rent.

The younger brother states that attempting to visit him , in his home would be seen as ´harrassment & intimidation`!!

I can honestly say that Dad would be weeping, to see how things are, not even 1 year after his passing!

My sister has a husband , both working full time, and 2 children, just starting Uni.

I live in a small, rented place, have always worked too, often 2 jobs, and travel a lot.

For us both, this amount of money could make a massive difference in our lives, but we are equally frustrated and at a loss of what to do, without destroying what relationship we may have still, or being seen as vultures.

Plus, I don´t know how he handles real life, and stress, etc...but he seems to be happily prolonging everything for the sake of it, with the solicitor case against my sister, etc.

The main and deeply upsetting thing is what my brother has become....and that we can´t visit my late Dad´s home, for memories and to handle our grieving processes...
When I write sweetly to him, or send gifts, he mainly just ignores me.
Does anyone have any ideas how to progress? Thanks!!!!

OP posts:
PragmaticWench · 20/04/2023 14:53

Can you ask the Solicitor you already consulted about your sister visiting the property in her role as Executor? Then let your DB know in writing that she'll be visiting.

PragmaticWench · 20/04/2023 14:54

I'd also ask MNHQ to move this thread to the Legal board as you'll get better advice about the legal aspect of executing the Executor duties.

funnelfan · 20/04/2023 14:56

As executors, your brother and sister have a legal obligation to follow the instructions in your Dad's will. If joint executors can't agree on what to do then I think ultimately they end up in Court, but I think most solicitors would try and avoid it getting that far.

First steps ould be for your sister to take legal advice. I think any legal fees will ultimately come from the estate before the proceeds are distributed, so she should not end up out of pocket, although sadly it does mean you all end up getting less money once you start on this path.

RatherBeRiding · 20/04/2023 14:59

I think you are going to have to accept that this is likely to end whatever relationship you have left with your brother. Frankly - he has no intention of moving on from his sweet, rent-free set up and striking out on his own, having to find and fund his own accommodation and he obviously isn't respecting the will, your sister's role as executor or you and your sister as beneficiaries.

This is not about being 'vultures' - this is about claiming your rightful inheritance as decided by your DF.

See a solicitor and take robust legal advice.

CleaningOutMyCloset · 20/04/2023 15:07

RatherBeRiding · 20/04/2023 14:59

I think you are going to have to accept that this is likely to end whatever relationship you have left with your brother. Frankly - he has no intention of moving on from his sweet, rent-free set up and striking out on his own, having to find and fund his own accommodation and he obviously isn't respecting the will, your sister's role as executor or you and your sister as beneficiaries.

This is not about being 'vultures' - this is about claiming your rightful inheritance as decided by your DF.

See a solicitor and take robust legal advice.

This is exactly what I was going to say

Lavenderlaze · 20/04/2023 15:13

RatherBeRiding · 20/04/2023 14:59

I think you are going to have to accept that this is likely to end whatever relationship you have left with your brother. Frankly - he has no intention of moving on from his sweet, rent-free set up and striking out on his own, having to find and fund his own accommodation and he obviously isn't respecting the will, your sister's role as executor or you and your sister as beneficiaries.

This is not about being 'vultures' - this is about claiming your rightful inheritance as decided by your DF.

See a solicitor and take robust legal advice.

This! If your dad wanted your brother to remain in the property for life that needed to be set out in his will with specifics about how that would work.

Who pays maintenance etc. What if it needs a new roof or whenever, is man child chipping in?

It wasn't in the will and he's being difficult and obstructive so just make this a legal process. The relationship is probably doomed either way at the moment.

Mossstitch · 20/04/2023 15:44

You need a meeting with your brother together and lay it on the line straight! If he wishes to go down the legal route then you are both willing to do that but that a lot of the inheritance will end up being eaten up in legal fees and he will get less out of it. The note has nothing to do with it, could easily be a forgery.

GudrunM · 20/04/2023 15:48

Mossstitch · 20/04/2023 15:44

You need a meeting with your brother together and lay it on the line straight! If he wishes to go down the legal route then you are both willing to do that but that a lot of the inheritance will end up being eaten up in legal fees and he will get less out of it. The note has nothing to do with it, could easily be a forgery.

thanks for the advice....yes, that would be best!
We asked for a meeting, a casual visit, a visit in the presence of my Dad´s Pastor, a mediation....no to all, or worse, just no answer. Immature, rude and unprofessional as a supposed executor!!

OP posts:
LadyEloise1 · 20/04/2023 16:29

His obstruction will mean all 3 of you will get less, a lot less, if lawyers are involved.
Will the money you receive be taxed ? At what rate ?
This will impact on what he can buy when he does move out.

TheMarsian · 20/04/2023 16:30

You have your answer.
I would involve a solicitor to remind him of his obligations as an executor. This might be enough to get him moving.

But I suspect he is hoping that you will both let go simply because it will be either spending all the inheritance on legal fees or he is having it all.
If he has never worked in his life, he is going to do his utmost to avoid doing so now!!

TheKobayashiMaru · 20/04/2023 16:30

He does not want to give up his cushy lifestyle. That is all he cares about, his relationship with you will be over as he will never forgive you for 'taking that away from him' despite it beings your Dad's wishes.

It is very sad when it all becomes about the money after a death.

AliceOlive · 20/04/2023 16:36

If he has not worked at all, how is he paying for anything? Food, utilities, etc?

GudrunM · 20/04/2023 16:38

LadyEloise1 · 20/04/2023 16:29

His obstruction will mean all 3 of you will get less, a lot less, if lawyers are involved.
Will the money you receive be taxed ? At what rate ?
This will impact on what he can buy when he does move out.

Thanks for adviing....just a grim thought. If the both of them are playing with lawyers...what about me, stuck in the middle? Are their lawyers´costs taken off the estate, does one pay everything if they lose the legal case, or can any of take a lawyer and all three of us basically pay as it´s taken off the estate, if it´s ever ruled to be sold??
If so, should I just take a lawyer myself....to take him off duty as executor, to pass probate, and to rule that the house is sold? I´m keeping quiet, mainly because that´s my style....but if I´m going to be penalised for their ongoing s*.....?!

OP posts:
GudrunM · 20/04/2023 16:43

AliceOlive · 20/04/2023 16:36

If he has not worked at all, how is he paying for anything? Food, utilities, etc?

oh Alice, this is his thing! His íncome´comes from when relatives die!!! He doesn´t give much out , unlike me and my sister....we travel, pay mortgage or rent, have kids, enjoy life, pay bills.....his grandparents worked, through disability and hardship etc so he doesn´t have to!!!! quite simply! disgusting, right??!! this is probably why my sympathy is waning.....and still he´s greedily looking for more!!!

OP posts:
Lastnamedidntstick · 20/04/2023 16:44

I am sure there’s a way of reporting an executor not acting correctly.

has the property been transferred into your name?

we’re about to blow dh’s family up as well as his sister isn’t acting according to her parents wishes regarding their house.

GudrunM · 20/04/2023 16:46

Lastnamedidntstick · 20/04/2023 16:44

I am sure there’s a way of reporting an executor not acting correctly.

has the property been transferred into your name?

we’re about to blow dh’s family up as well as his sister isn’t acting according to her parents wishes regarding their house.

ohhh....let me know how it´s going. Good luck! No, he won´t let probate be completed.....since last May!!!! so no, house is actually still officially Dad´s!

OP posts:
MissConductUS · 20/04/2023 16:52

GudrunM · 20/04/2023 16:46

ohhh....let me know how it´s going. Good luck! No, he won´t let probate be completed.....since last May!!!! so no, house is actually still officially Dad´s!

There should be a way to force the sale of the house if he's unwilling or unable to buy out the other beneficiaries' interest, but it won't be quick or cheap.

juneybean · 20/04/2023 17:29

We are going through this at the moment, the solicitors have advised the fees can come out of the obstructors portion.

DeeplyMovingExperience · 20/04/2023 17:35

You and your sister can have him removed as executor. I had to do this with my brother. He had done nothing, taken all the paperwork, so I made an in-person appointment with the local probate court and had him removed so I could get on with the job of being executor.

He clearly has absolutely no intention of executing the will, so you will need to go legal.

LawksaMercyMissus · 20/04/2023 17:40

Has probate been applied for?
Is the brother in the house an executor?
It's possible for just one executor to do the application as long as they've told the others they're doing it.
I'm going through the same thing, it's hell.

LawksaMercyMissus · 20/04/2023 18:10

DeeplyMovingExperience · 20/04/2023 17:35

You and your sister can have him removed as executor. I had to do this with my brother. He had done nothing, taken all the paperwork, so I made an in-person appointment with the local probate court and had him removed so I could get on with the job of being executor.

He clearly has absolutely no intention of executing the will, so you will need to go legal.

Can I ask how much this cost?

KitKatKandy · 20/04/2023 18:15

Lastnamedidntstick · 20/04/2023 16:44

I am sure there’s a way of reporting an executor not acting correctly.

has the property been transferred into your name?

we’re about to blow dh’s family up as well as his sister isn’t acting according to her parents wishes regarding their house.

In this case though, OP's brother is acting according to his parent's wishes regarding the house. It is clear from the note that OP's father wanted him to continue living there for as long as he wanted. However, he didn't attend to the neccessary legal steps to ensure this happened and OP and her sister are choosing to ignore his wishes. Of course the names should still be transferred, but whether DB should be kicked out is not as morally clear as it is legally imho.

Lastnamedidntstick · 20/04/2023 18:20

KitKatKandy · 20/04/2023 18:15

In this case though, OP's brother is acting according to his parent's wishes regarding the house. It is clear from the note that OP's father wanted him to continue living there for as long as he wanted. However, he didn't attend to the neccessary legal steps to ensure this happened and OP and her sister are choosing to ignore his wishes. Of course the names should still be transferred, but whether DB should be kicked out is not as morally clear as it is legally imho.

He isn’t executing the will though.

regardless of whether he continues to live in the house, he has been dragging this out since May and refusing to engage with the other executors.

he should have dealt with the will, got everything sorted, closed off all the dad’s accounts. Then let his siblings try to get him removed should the wish to sell the house.

o/p, while the will remains open do you think your dad’s accounts are still paying for his bills? Could that be why he’s dragging it out? What has happened to any bank accounts, savings etc? I know dh’s sibling is doing this, all the direct debits still stand so electric etc is being paid on the parents home.

DeeplyMovingExperience · 20/04/2023 18:28

@LawksaMercyMissus I did it myself, but I'm quite good at that kind of thing and not intimidated by the thought of representing myself. (I do not work in the legal profession or anything like that.)

The meeting with the probate judge was friendly and helpful and he totally understood what I needed to do and signed off on it there and then.

KitKatKandy · 20/04/2023 19:13

Lastnamedidntstick · 20/04/2023 18:20

He isn’t executing the will though.

regardless of whether he continues to live in the house, he has been dragging this out since May and refusing to engage with the other executors.

he should have dealt with the will, got everything sorted, closed off all the dad’s accounts. Then let his siblings try to get him removed should the wish to sell the house.

o/p, while the will remains open do you think your dad’s accounts are still paying for his bills? Could that be why he’s dragging it out? What has happened to any bank accounts, savings etc? I know dh’s sibling is doing this, all the direct debits still stand so electric etc is being paid on the parents home.

Yes, that's why I said 'of course the names should still be transferred'.

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