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Hi all,
Im hoping someone who is going to suggest or help where I go with this.
My mum passed away back at the end of February, no will.
I put in a probate and a couple of weeks later got the letter of administration as the only thing mum had was the house that my father lived in.
There is still £14k outstanding on the mortgage but thats been frozen now. I have got my mums accounts frozen (no money in there anyway) and everything is fine regarding her debts etc..
The house though, I am unable to put on for-sale because it is currently being occupied by my brother.
We have agreed on a 50% split in the house once it sells, but he keeps stalling on moving out - he believes a friend who lives 200 miles away will house him.
The house is in a right mess, boxes, letters, just junk everywhere. I have told him that we will lose our inheritance if he does not move out, so we can put it on sale as the mortgage company, will, at some point, just take it and sell it to recoup their money outstanding on the mortgage.
We're talking a very small amount of money compared to others on this website, the house will go between 130k as estimated by the estate agent. But they cant even take photographs, put it up for sale or even allow anyone to visit due to the mess. The house ideally, needs to be emptied.
My brother has moved a "moving out date" from 27th of this month, to the first week of June because "his friend's car has failed the MOT".
I've noted all the times I have spoken to him, the details of our conversation and his responses.
he's never worked in his life, has no intention to, drinks, smokes weed and as much as he is my brother and I love him - is a lazy bugger who wont do anything - never had to do anything because mum has looked after him - he's nearly 50 years old believe it or not.
Ive told him to put his name down for a local council flat, as a backup plan to his friend possibly letting him down, he swears she wont, but I said just put your name down for a flat.
He's asking for money for food, when he has access to a foodbank (and is registered with them via a social worker), electricity and gas is paid for him by the foodbank people.
I am paying for house insurance which is double what mine is, so this is eating into my finances as well.
Its for his benefit (and he knows it), as he is entitled to 50% and I wont let him down on that (but I will remove half of the charges of insurance from his share) but drags his feet because he wants someone else to do it all for him. All I have had from is "its too much for me to handle", I've advised him to not look at the larger picture, but to focus on what he can deal with, then move onto the next thing he needs to do. He's been told that the house cannot go on sale in the current state it is and needs all the rubbish being thrown out of the house, that he does not want. All I have, are 2 pictures of my dad that hung on the wall, I've given him free reign on everything else, even if he sells what is there, to keep the money. Im trying to be patient, but I know that, the longer he stays - the longer he will stay, he has no idea of what this is doing to my own health, the worry that my father who worked all his life, my brother is just going to waste that inheritance and throw both of ours away.
I have 2 kids and was hoping that the half that I would have, after the mortgage debt is sorted, would have a helping hand in the future but I am worried, if nothing happens, the house will be taken, sold for well under market value and I will lose out because of his inept motivations to move.
As the legal "manager" of my mum's estate - what recourse do I have, to get him out of the house so it can be sold?
ZZ
Im hoping someone who is going to suggest or help where I go with this.
My mum passed away back at the end of February, no will.
I put in a probate and a couple of weeks later got the letter of administration as the only thing mum had was the house that my father lived in.
There is still £14k outstanding on the mortgage but thats been frozen now. I have got my mums accounts frozen (no money in there anyway) and everything is fine regarding her debts etc..
The house though, I am unable to put on for-sale because it is currently being occupied by my brother.
We have agreed on a 50% split in the house once it sells, but he keeps stalling on moving out - he believes a friend who lives 200 miles away will house him.
The house is in a right mess, boxes, letters, just junk everywhere. I have told him that we will lose our inheritance if he does not move out, so we can put it on sale as the mortgage company, will, at some point, just take it and sell it to recoup their money outstanding on the mortgage.
We're talking a very small amount of money compared to others on this website, the house will go between 130k as estimated by the estate agent. But they cant even take photographs, put it up for sale or even allow anyone to visit due to the mess. The house ideally, needs to be emptied.
My brother has moved a "moving out date" from 27th of this month, to the first week of June because "his friend's car has failed the MOT".
I've noted all the times I have spoken to him, the details of our conversation and his responses.
he's never worked in his life, has no intention to, drinks, smokes weed and as much as he is my brother and I love him - is a lazy bugger who wont do anything - never had to do anything because mum has looked after him - he's nearly 50 years old believe it or not.
Ive told him to put his name down for a local council flat, as a backup plan to his friend possibly letting him down, he swears she wont, but I said just put your name down for a flat.
He's asking for money for food, when he has access to a foodbank (and is registered with them via a social worker), electricity and gas is paid for him by the foodbank people.
I am paying for house insurance which is double what mine is, so this is eating into my finances as well.
Its for his benefit (and he knows it), as he is entitled to 50% and I wont let him down on that (but I will remove half of the charges of insurance from his share) but drags his feet because he wants someone else to do it all for him. All I have had from is "its too much for me to handle", I've advised him to not look at the larger picture, but to focus on what he can deal with, then move onto the next thing he needs to do. He's been told that the house cannot go on sale in the current state it is and needs all the rubbish being thrown out of the house, that he does not want. All I have, are 2 pictures of my dad that hung on the wall, I've given him free reign on everything else, even if he sells what is there, to keep the money. Im trying to be patient, but I know that, the longer he stays - the longer he will stay, he has no idea of what this is doing to my own health, the worry that my father who worked all his life, my brother is just going to waste that inheritance and throw both of ours away.
I have 2 kids and was hoping that the half that I would have, after the mortgage debt is sorted, would have a helping hand in the future but I am worried, if nothing happens, the house will be taken, sold for well under market value and I will lose out because of his inept motivations to move.
As the legal "manager" of my mum's estate - what recourse do I have, to get him out of the house so it can be sold?
ZZ
