Hi, It was my mother who died without a will, she has no present spouse or partner. There are no step child. My brother and I are the only people who can claim the estate. We had an older brother who has died, he had no children or partners. I was given letters of administration so I could buy my brother out. He wasn't happy with my offer. So we agreed, he would fix up property to make it more valuable then sell it, but he hasn't done enough and has left to go and live with his girlfriend off and on. He doesn't help with bills. I dont want to go to court to force the sale of house, for cost reasons & I might not win, so I thought I could claim the esate myself, use my money to fix it then sell it then split the money with my brother. My fear is he will bring his girl friend in house to live. I asked my lawyer if I could claim the estate but he told me he can't advise me in the capacity of a beneficary only in the capacity of an administrator. Thank you, Suzy
Hello, If I did claim the astate without my brother, I don't mind him trying to get his half later on, that's what the plan is. What I'm worried about is, if I start putting money into estate to make the house more valuable - using up my money, then he decides to live in that house in the furture. The situation with my brother is not good. You said I had every right to sell the house, but what if my brother refuses to leave. It seems my brother is very difficult and although he said he wants to sell the house he might change his mind after my money has gone. Can he make a claim to come back and live there after I've fixed it ready to sell it ? This is my night mare. If a will apeared out of the blue after I'ved claimed the house and put money into it, how would I be ?
I can't charge him rent surely ? I understand that I don't have to improve the property, we have agreed to do that so we can both have full value of the house. My brother is hopeless at looking after the property and doesn't pay bills which is why I have now decided to take on the task of improving it myself. My worry is that he will make a claim to come back there to live after I've claimed it and poured money into it. Another worry is that a "will" will appear out of the blue. How would this affect me if I've claimed it and started to improve it. Sorry I didn't clairifly my brother and I are living here in the house that our mother owned when she was alive. Another thing, my brother could ask for coucil tax benefits as he is on Job seekers allowance most of the time but he refuses to ask for that benefit ! I have been paying his coucil tax since 2010. I'm really at my wits end. Suzy
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Hello, If I do claim the estate without my brother also claiming, I know he can claim at any time for half the value, I'm not worried about that. Does he have any right to then live in that house, or stop the selling of that house. This is the main thing. Also the house is falling apart, a kitchen that needs gutting, a boiler on the blink, leaking roof, a door that cant shut thats lets rain in, broken guttering that is causing subsidence, our alley way that the public has a right of way is dangerous and someone could trip up and get hurt if not corrected. My brother knows about all this and doesn't really care nor does he have a job to be able to pay someone to fix it. Surely this is reason to either force the sale or me to take ownership solely then latter split the sale. I cant live with him any more. Also he has a hording problem, the house looks like a warehouse filled with boxes and the garage in filled 6 ft. high with stuff he cant part with. It's a fire hazard. If the garage caught fire, nobody could walk in there to put it out, it's completely filled. I need help to get away from him. Suzy
If my brother can become an administrator then I cant charge him for rent can I ? The problem is his plans might be to just stay there. He doesnt want to sell it at the market value nor does he seem willing to clean and fix place up. May 3rd I emailed my brother and told him to stay there in Italy while I fix the place up to sell, I got no reply ! He got back from Italy 2 days ago. He just sits at his computer, nothing is getting repaired.
Please can you tell me if I claim the estate, can I throw him out while I fix the place and will he have any right to come back to live in the house. If I have to pay him half the value, I dont mind, I just dont want him to be able to stop the sale of house or come back there to live.