2 years ago | 5 comments
Hi, here is some backstory to my situtation. My mother died in 2019, as the oldest son of four siblings I was appointed executor of her Will. (My parents got divorced many years ago and my Father is in a longterm relationship with another woman.)
My mother had moved several years prior to her death into a much smaller house. The plan when she died was to place the property on the market and divide the proceeds according to her Will. Then 2020 happened. During the pandemic (once lockdown was over) we agreed that my youngest brother could move into the property as he had been renting in an HMO and an undesirable living situation.
To be honest, I was not in favour of this plan. I am a portfolio landlord myself, and was strongly against the complexities which I envisioned would happen. However, I was outvoted by my sisters, who I feel ‘strongarmed’ me somewhat into agreeing. Obviously, I care about my brother and was persuaded that it was the right course of action during an uncertain time.
We agreed that he would pay a minimal rent, just enough to cover any costs of maintaining the property, as well as his own bills and council tax etc. But it was a verbal agreement, on the understanding that as soon as the world ‘opened up again’ he would seek alternative accommodation and we would proceed with the sale. While I am not in need of the cash funds, one of my sisters in particular could do with the extra cash, and is not a homeowner herself.
Fast forwards to now, you can probably already see what is coming. My brother is still in the house. He has stopped paying rent. He is also in arrears on the council tax and the bills. The family position seems to be that I could help out with this financially, since my brother is deemed ‘helpless’ and I am ‘successful’. My wife and I have our own children to look after, and the way I see it, my brother is not my dependent nor my responsibility.
I am pushing for an eviction. But I have little family support since my brother is in a chaotic state and this will be seen as pushing him over the edge. I feel under enormous pressure just to ‘let it be’ or even ‘help him out’, but at the same time my mother’s wishes were for her house to benefit all four of her children, not just the youngest. As the executor of her Will, I am legally bound to carry out her wishes.
Has anyone got any advice? I mean other than ‘you are an idiot’ which I feel is already the case. I am kicking myself for being in this situation.
Thanks,
Aubrey
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Member Since March 2023 - Comments: 37
6:16 PM, 8th October 2024, About 2 years ago
Reply to the comment left by aubrey winterbottom (buckley) at 08/10/2024 – 13:58
Good luck , it will be tough , and you may need to suffer some short term family hostility to gain harmony in the long term.
Just lay everything out in black and white and point out the property might be worth X but if you don’t evict your brother it is worth 40% less if you try and sell it with him as a tenant.
And the longer you leave it the less the property will be worth and the less everyone gets, the only winner is your brother, free accommodation.
Member Since March 2023 - Comments: 1506
8:26 PM, 8th October 2024, About 2 years ago
You can refuse to be an executor and appoint a solicitor, which will cost money (from the estate not you). This puts the whole matter at arms length and the solicitor can evict.
Member Since April 2024 - Comments: 284
7:46 AM, 12th October 2024, About 1 year ago
Good luck Aubrey.
Member Since April 2024 - Comments: 284
7:50 AM, 12th October 2024, About 1 year ago
Reply to the comment left by Alison Clark at 12/10/2024 – 07:46
Wanted to share. LL on this platform are amazing. I too Aubrey always feel like my head is much clearer following their advice. Thank you.
Member Since August 2015 - Comments: 226
10:43 AM, 12th October 2024, About 1 year ago
If as a family you still hold this property jointly there ism likely to be a presumed trust for sale in law, you can easily apply for the property to be sold on the open market. Of course everyone will lose part of the capital value if your brother is in occupation.
may be they can therefore realise it would be better to buy you out at full market value thereby securing his future, at least in theory.
Sadly with relatives once a loser always a loser. Find him a suitable HMO to live in.
Member Since August 2015 - Comments: 226
10:45 AM, 12th October 2024, About 1 year ago
If as a family you still hold this property jointly there is likely to be a presumed trust for sale in law, you can easily apply for the property to be sold on the open market. Of course everyone will lose part of the capital value if your brother is in occupation.
May be they can therefore realise it would be better to buy you out at full market value thereby securing his future, at least in theory.
Sadly with relatives once a loser always a loser. Find him a suitable HMO to live in.