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

  • licensee vs tenant
    imjustbait
    i have been given 14 days notice -

    i asked my friend for help and to sort things out if possible, as he works in lettings etc -

    he said to be this is a licensee contract not an (AST) one - (i didnt know)


    basically, i want to know what rights i have to...
    07-02-2019, 21:58 PM
  • Reply to licensee vs tenant
    imjustbait
    It also appears they may not be registered with MARLA/ARLA as well....

    My friend also informed me that the place I live (not to my knowledge before I moved in here) Is a council block/social housing. He informed me that if the landlord who has a mortgage on this property hasnt actually...
    19-02-2019, 12:17 PM
  • What happens to the deposit when a landlord dies?
    Tencretax2
    Hi everyone, I’m wondering if you could help me, as I’m very unsure of where I stand legally in respect of a housing situation I exited recently.

    I was a Monday to Friday lodger until a few months ago, when I needed to vacate the room and move to a different property. I signed a contract...
    18-02-2019, 21:18 PM
  • Reply to What happens to the deposit when a landlord dies?
    jpkeates
    Whatever the practical obstacles, whoever is responsible for the estate needs to sort it out.
    If the lodger sues the estate for the deposit, a court would award costs against them as well as ordering the return of the money.

    Unless the lodger at least makes asserts their claim, the...
    19-02-2019, 11:04 AM
  • Reply to What happens to the deposit when a landlord dies?
    Lawcruncher
    Quite. The problem is that money is fungible. You cannot identify where the deposit is....
    19-02-2019, 10:55 AM
  • Debt Collection
    Sweepiecat
    Can anybody help please. I own a flat that is fully managed by a letting agency I’ve dealt with for 12 years. I received a letter from a debt collection agency asking me to ring them. I phoned them today and have found out there is an outstanding bill (which has been sold to the debt collection agency)...
    18-02-2019, 22:53 PM
  • Reply to Debt Collection
    theartfullodger
    Pay it today "under protest" to avoid further fees, then slowly sort the mess out.
    19-02-2019, 10:53 AM
  • Question about damage
    Nearlytheone
    Good morning, I'm new here so, firstly want to take the opportunity to say hello.
    I'm living outside of the UK at the moment and my property in the UK is being rented out. I had an excellent Tennant who has now moved out. He has openly admitted damaging the lounge carpet. I have had a quote to...
    19-02-2019, 10:07 AM
  • Reply to Question about damage
    jpkeates
    A landlord is entitled to compensation for any loss in value of their asset(s) beyond fair wear and tear that occurred during the lease.

    The formula that they should use, and a court (and the protecting company ADR process) will use is:
    (Cost of the original item and any installation/fitting...
    19-02-2019, 10:41 AM
  • Reply to Question about damage
    zanorias
    Welcome.
    What specifically are we talking about in terms of damage? As far as I'm aware, you can't deduct from deposit for fair wear and tear; if the tenant has looked after it as well as reasonably possible and been there a few years and it's slightly worn or light sofa indentation I wouldn't...
    19-02-2019, 10:28 AM
Working...
X