inheriting a parent's property with sibling living there

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • inheriting a parent's property with sibling living there

    I am executor of my mum's will and she has left all her posessions jointly to myself and my 3 siblings, this includes her house in which a lodger is living, in a bedsit, as well as my brother and niece, who have no formal document givng them a tenancy as such, but have lived there for several years already. Can anyone give me any advice as to how to avoid encountering problems selling the house, when my mother is no more, with the expected prospect that my brother will refuse to leave (he does not pay rent). Is there some lodging status that we need to create to exclude his right to remain as long as he likes, or won't he have any right to stay?

  • jpkeates
    replied
    Originally posted by sajobab View Post
    I was probably not clear in my post but I am named as executor along with a cousin, but my mum is still alive although she is now 93. I am trying to avoid future problems by forseeing them beforehand. I can get my mum to state that the house has to be sold and and the value shared, if that would make the deviding of the assets something my brother couldn't prevent by living there.
    You can obviously do what you want - but until your mother is no longer alive anything you are considering is just hypothetical.

    Leave a comment:


  • mariner
    replied
    You may be named asl Executor after your Mum dies but you have no resps until she dies. With such family individuals, a Family or Ind Solicitor should persuade her to amend her Will and appoint an Ind neutral Executor, eg Bank etc. who will act in the interests of all Beneficiaries.
    It may be poss that one B could buy the remaining property shares (3/4 of Probate valuation).
    It is can be an onerous duty to be an Executor, who pref should not also be a Beneficiary.
    She can also withdraw permission for her offspring lodger to remain for longer than 1 month, else risk eviction for trespass.

    Leave a comment:


  • leaseholder64
    replied
    AST is Assured Shorthold Tenancy, the standard tenancy with some security of tenure in England.

    I think you not only need a solicitor, but one really experienced in dealing with 93 mothers of warring families. Your big danger is that you will be accused of unduly influencing the will, so you need someone who can sit down with your mother, preferably without you present, and really elicit what she wants to achieve.

    Leave a comment:


  • sajobab
    replied
    AndrewDod,

    Would love to have a family that could discuss things but unfortunately my brother is abusive, and is a big problem, talking rationally is difficult, He has been asked to pay rent by my mother but doesn't. While Mum is alive it might be possible to avoid future court cases if we know how to word the will properly, form what you say. I guess we will have to speak to a solicitor. thanks for your help.

    Leave a comment:


  • sajobab
    replied
    StuartH,

    I was probably not clear in my post but I am named as executor along with a cousin, but my mum is still alive although she is now 93. I am trying to avoid future problems by forseeing them beforehand. I can get my mum to state that the house has to be sold and and the value shared, if that would make the deviding of the assets something my brother couldn't prevent by living there.

    Leave a comment:


  • sajobab
    replied
    mariner,

    The lodger is not a family member and rents a bedroom with cooking facilities, but shares the bathroom. Is AST a short term tenancy?

    Leave a comment:


  • AndrewDod
    replied
    Originally posted by jpkeates View Post
    If the property is owned by all four of you jointly, you will all have to agree on selling the property.
    There's no majority rule for joint owners, so it has to be unanamous (this is not the case in Scotland - I think).
    To force a sale past one or more joint tenants objection you would need to go to court and apply for an "order for sale" and win.
    To add to the above: A court would pretty much always order a sale under these sorts of circumstances (and depending on the order and desire of the parties, they will likely also order that the various parties to the sale can also bid to purchase the whole). Having been this route myself it will prove expensive and stressful however (it may be possible to DIY the court yourself with some research). The only circumstances under which a sale will not be ordered is if small children, or vulnerable adults are involved, or other very special circumstances.

    In the first instance

    - Ask and speak -- have a family meeting. Insist that brother and niece have to pay rent to be determined. Explain the outcome if they cannot and will not agree a fair path.
    - If that fails engage a professional mediator
    - Failing that you may need to act on your threat to go to court. Hopefully all three non-resident siblings will act together, but even one sibling can force a sale.

    The other possibility if that you could move into the property yourself - as you have every right to. You could also get keys for yourself and pop in and out frequently, and that could not be prevented. If your resident sibling is reasonable the four of you need to agree some sort of contract with him that would permit him exclusive occupation, something similar to a tenancy agreement. I am not sure whether it is possible for all four of you to have an AST with one part of the owner, but you could definitely grant an AST to the niece (how old is she?).

    The lesson for those of us writing wills is that one must consider the consequences. The will should have be written to avoid this. As StuartH says, if the will was worded in such a way as to divide the value of assets then the executor should take unilateral steps to resolve the problem if possible (depends what other assets there were) which might involve a sale as part of probate.

    Leave a comment:


  • StuartH
    replied
    Originally posted by jpkeates View Post
    If the property is owned by all four of you jointly, you will all have to agree on selling the property.
    All four may have a common expectancy, under the will, but if the estate is in the hands of a sole executor (and we don't really know if that is so), then I'd say it is only the executor that can deal with the house as it is the executor(s) that are the legal owners, as trustee(s). Was the house, itself, left jointly or was its value to be shared between residual beneficiaries?

    Leave a comment:


  • jpkeates
    replied
    If the property is owned by all four of you jointly, you will all have to agree on selling the property.
    There's no majority rule for joint owners, so it has to be unanamous (this is not the case in Scotland - I think).
    To force a sale past one or more joint tenants objection you would need to go to court and apply for an "order for sale" and win.

    As you would all have to agree to exclude the brother from the property without going to court, that's unlikely to happen.
    So he would have every right to stay, he would own the property as much as everyone else.

    If you want the lodger to move out, I suggest that you consider doing that now, while you are an executor, rather than waiting until you inherit. You can only do that if it is in the interest of the estate of course, and it may not be, if the lodger pays rent, for example or contributes to bills.
    But it's simpler than having four joint landlords in conflict about it.

    Leave a comment:


  • mariner
    replied
    Who is the lodger? If he has self contained bedsit are you sure he does not have a room-only AST with shared facilities?
    Not enough detailed info to offer advice.

    Leave a comment:


  • RedHitman
    replied
    If it states in her Will that your brother gets one third of her estate then you can't just kick him out and sell the house without his permission as he has a claim to that property (I assume)...

    This is something for a solicitor to deal with I'd recommend.

    Leave a comment:

Latest Activity

Collapse

  • Possession hearing
    Ash-uk
    Hi guys

    i have tennants who owe me 6 months rents, and stopped paying and won’t hand the key back, served section 8 and 21, court hearing in few months,

    Never been to court, so after some advice, do I need to take evidence I.e texts to show me chasing for rent and not paying...
    07-04-2019, 23:08 PM
  • Reply to Possession hearing
    spiritdreams
    I am very sorry to hear that.

    You may be able to call the police for malicous damage.

    Property insurance for landlords, normally do not cover malicous damage by default, only accidental, however it is usually available as part of additional premium. Check your coverage small...
    20-04-2019, 08:16 AM
  • Reply to Possession hearing
    Hudson01
    I am not experienced enough to offer the advice i know you need, but is suspect (as you have seen) that the police will be of no use in this instance, they will still see it as a civil dispute right up and until the whole interior is destroyed. I am so sorry this is happening to you and i trust a member...
    20-04-2019, 07:09 AM
  • Reply to Possession hearing
    Ash-uk
    Further to my earlier post

    the tennants have knocked a wall that supports the exterior roof for a bay fronted roof

    in th garden I can see they have ripped the toilet out and and windows

    possessing hearing is 1st is may

    they are gona destroy the house...
    19-04-2019, 22:08 PM
  • Slightly painful tenant
    Awesomestow
    Wondered if anyone has thoughts on use of s21 (while we still can!) when a tenant has been great at paying rent but is just very demanding - significantly more work than the other four properties combined. The main issue is mould on the walls - it’s an old building recently refitted to modern insulation...
    19-04-2019, 10:02 AM
  • Reply to Slightly painful tenant
    buzzard1994
    Tell the tenant the property is not suitable for their lifestyle and invite them to leave, s21 if they dont.
    19-04-2019, 21:45 PM
  • Reply to Slightly painful tenant
    Awesomestow
    Thanks all. I suspect leaving the whisper quiet extractor fan on will fix the problem. Hard to tell because he hasn't left it on. And if he turns that off he'll turn off a PIV system too.

    MdeB - yes Jpkeates is right. Warmer air can hold more moisture so there's more water to condense...
    19-04-2019, 17:53 PM
  • Reply to Slightly painful tenant
    jpkeates
    The moisture that's in the air has to go somewhere, if the updated insulation has closed off where it used to escape, it'll hang around until it finds a cooler surface to condense on.

    If a damp expert declined to do anything about it, that suggests that whatever they could do, they knew...
    19-04-2019, 17:26 PM
  • Landlord trying to keep deposit
    cherrie
    My former landlord and letting agent are trying to withheld my deposit. (England 12month AST).
    They are trying to claim I caused damage to the carpets and walls but this damage actually belongs to the second flat in the same building and was caused by the previous tenant of that flat who left...
    15-04-2019, 18:04 PM
  • Reply to Landlord trying to keep deposit
    jpkeates
    While it's common to give the Prescribed Information to the tenant with the Tenancy Agreement it can backfire if the deposit isn't actually protected at that point, because the Prescribed Information is technically not correct.

    It will be almost impossible to take legal action from outside...
    19-04-2019, 17:19 PM
Working...
X