Hi, can anyone offer any advice or point me in the right direction for areally distressing family situation.
My brother has been my 86 year old mother’s main live in carer for the past 7 years. The house they live in is owned by my mother 2/3 and sister 1/3. My sister was going to help my parents buy the house many years ago but then moved out so never paid a penny towards it. Now my mother has become more poorly and my sister was going to gift 'her’1/3 of the house to my brother so when the time comes he will have a little bit of money to buy himself a home. He has no partner and no assetts and has given up the last year’s where he could be working to care for mum. It is totally upsetting, but my sister has made it clear she is just now concerned with her own finincial benefit. We really need some help with this. There must be a loop hole somewhere ? Any advice gratefully received.
Thank you
Wendy,
Are you saying your sister has changed her mind and believes she gain 1/3 of the profits from the sale of the houser but had previously said she would gift it to your brother?
How old is your brother?
Have you consulted a solicitor? I believe the first half hour of advice is free.
Melly1
Hi Melly,
Thank you for replying.
Sadly it is in mums will and on deed of house that she owns 1/3 even though never paid a penny. She told me a number of times she would gift it to him now she says she will not. She owns 3 houses already.
My brother is 62
We have spoke to mums lawyer who drew up the will and he said she could gift it over but she is refusing and wants her 1/3. There must be rights for the carer to continue living in the property until they themselves pass away ? It is unfair.
Wendy do you know how Mum has left the 2/3s of the property she still owns in her will ? Is it entirely to your brother or is it to be shared between him and your sister ?
If it is to your brother then I don’t think that there is much your sister can do about it. I believe a shared property cannot be sold without agreement of all the parties concerned and, obviously, the only way your sister can get her third is if the property is sold or if your brother is in a position to “buy” her out - which you’ve indicated is not possible.
Hi Suzie,
There are 7 siblings so mums 2/3 is going to be spilt between 6 of us with remaining 1/3 going to the 7th sister. Really mum and dad should have taken the sister’s name off the deeds years ago and did talk about it but they were disorganized and worked all the time ( they were nurses) .
I don’t care about me I will survive somehow but just want my brother looked after so he knows he is going to be safe. He is going to need rehab after this as although myself and 1 sister also care for mum he actually lives there and looks after the house as well.
It is a nightmare situation and do horrible to be dealing with all this. I just want to sleep easy and make sure my brother will be ok.
Wendy,
So six siblings will own 2/3 and one sister 1/3. What is the opinion of the other siblings? Would they be happy for your brother to carry on living there and out vote your sister?
Melly1
I think you should continue talking to the lawyer or another lawyer. As I recall, if a person is dependent on the testator, they have rights to claim some of the estate. But I don’t know details. I do know that this is a limit on the freedom of testation. But don’t take my word for it. Nor do I know this site:
But maybe this could be used to persuade the sister.
[Hi Nelly,
Yes that is correct. we haven’t asked them all as yet. Up until last night we thought the sister would be gifting her third to my brother.
It does sound like a good option though and actually my dad said before he passed away in 2013 he would really like the house kept for us all in hard times, but the sister basically pushed him to get the will done asap even asking the oncologist how long he had left which dad was very upset about. You see my parents worked dam hard for that house, humble hard working folk, wouldn’t say boo to a goose, and my brother is the same. I think this could be the next step .
Thank you I really appreciate your advice.
Wendy
quote=Melly1 post_id=443982 time=1620563917 user_id=1251]
Wendy,
So six siblings will own 2/3 and one sister 1/3. What is the opinion of the other siblings? Would they be happy for your brother to carry on living there and out vote your sister?
Melly1
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[Hi Greta,
Thank you for the advice. That certainly looks promising. He is dependent on mum despite him caring for her as without her he would be homeless. She still pays the bills and he runs the house.
Many thanks
Wendy
Quote=Greta post_id=443983 time=1620564979 user_id=6730]
I think you should continue talking to the lawyer or another lawyer. As I recall, if a person is dependent on the testator, they have rights to claim some of the estate. But I don’t know details. I do know that this is a limit on the freedom of testation. But don’t take my word for it. Nor do I know this site:
But maybe this could be used to persuade the sister.
[/quote]
Wendy, I hope it works out. I am thinking that if a solicitor explains the law to your sister, she can be persuaded to make funds available without going to court.