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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My mother recently died. I have one sister and one brother.

Resolved Question:

My mother recently died. I have one sister and one brother. My mother willed her assets to the three of us with deductions for cash that she lent to myself and my brother. Her main asset is her home. My brother has lived at the house for about ten years and was latterly my mothers carer. He did not work and so accepted state benefits. He did not contribute anything towards the upkeep of the house. To realise the asset we need to sell the house. My brother seems so reluctant to find another address that I am I am wondering whether myself and my sister may need to have him evicted. Can we do this as a last resort?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWho are the named executors?Where did he live prior to moving in with your mother?
Customer: replied 1 year ago.
The executors were originally myself and my sister but I have relinquished my part as I live too far away for convenience so now it is my sister. My brother lived in Lavenham in Suffolk prior to moving in with my mother. He was 'dumped' there by his now ex wife when they travelled up for my wedding.
Expert:  Clare replied 1 year ago.
Will he have sufficient funds to purchase an alternative property?
Customer: replied 1 year ago.
No he won't have enough to buy a place but more than enough to rent. He will receive about 70k.
Expert:  Clare replied 1 year ago.
How much would a cheaper one bedroom property in the same general area cost to buy (including any shared ownership schemes)
Customer: replied 1 year ago.
In the same general area a one bedroom property would cost anything between 130k to 200k. He has already stated that he wishes to stay in the area for a year or so and then move away.
Expert:  Clare replied 1 year ago.
The problem you potentially have is that your brother could make a claim against the Estate based on the fact that he was dependent on your mother for his Housing needs.Even if this is not in the end successful it will cause a great deal of distress delay and of course costs to the estate which will not be recoverable.This means that you and your sister do need to take a carful approach in this matterHe would have to make a claim within six months of probate being granted, and on that basis you may feel that a delay in taking action until AFTER that date would be wise.There are then two options.the property can be transferred into your joint names and you and your sister can then apply to the court for an Order for sale; or your sister as Executor can apply to have him evicted prior to a sale by the Executor.I hope that this is of assistance - please ask if you need further detailsClare
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