Will & Property

Deleted post

seamus

OK, I'm going to leave aside opinions on your brother's attitude as that's not something that can be changed easily and bitching about it won't fix that.

Arguments over property are a curse. Every time you hear of an incident in this country where a son has killed his parent(s) and sibling(s), you can be guaranteed it was an argument about property and inheritance.

Your mother, as any sensible parent would, has likely made a will indicating that all assets are to be equally divided, four ways. If she hasn't, then it's really important that she does.

First things first - Nobody can force you out of your home. Even your mother technically has to jump through legal hoops to evict you.

One open question I have here is who owns the house? If your mother owns the house, then you can't "buy" your siblings out. They don't own any of it. When your mother dies, any of you could choose to buy out the other three. And none of you can unilaterally decide to sell, you all have to agree. Actually, that's not entirely true. If the will is not specific about what happens to the house, then the executor of the estate can choose to sell it and split the cash between the beneficiaries, without approval from anyone.

If your mother dies, then your siblings cannot evict you. You have a right to live there, as part owner. They may not even be able to force a sale; if you have been living there a number of years and you have nowhere else to go, a court may refuse to force the sale.

So, I would clarify initially the questions of who currently owns the house, and what the plan is when your mother passes away.

Given that there is obviously some animosity between siblings, if your mother hasn't made a will, you should beg her to do so right now. Make it clear that nobody is getting preferential treatment.

Henry Ford III

Tricky area.

Your Mum is free to do whatever she wants with the house in her will. Doesn't necessarily have to be fair, or equal.

TheW1zard

From his perspective, he comes back and it's all talk about you and the house, I would feel a bit put out.

Sounds like you're the one planning away, and he said to your Mum basically that you're in her ear.

If I were you I'd play it cool and whatever happens happens, but it's your parents decision.

Baybay

The best thing to do, in my opinion is encourage your mother to make a will. Maybe help her make an appointment with her solicitor to discuss options & a draft. Then when the time comes you’ll all at least know what she wanted & then you’ll all have to move on from there & deal with whatever she decides.

She may harbour notions of your brother moving home or he may. Your other siblings may want an equal share to the rest of you or they may feel your input over time means you should receive more. It really may not matter to them that you’ve sold or at what price as they may see you as being well enough off having sold & living rent free at home, who knows?

Your mother should drive this by choosing what she sees at the best or most equitable option & stating clearly what’s to be done in her will.

Pinoy adventure

If you do buy your siblings out,you own the house.it will not be a family home,it will be your home,so siblings cannot come and go as the please.

if you do but it make sure too instruct your solicitor on your desire about the wording of the sales contract

seamus

https://www.boards.ie/discussion/comment/118852263#Comment_118852263

OK. I'm guessing that your father's will said that everything should be split four ways unless your mother was still alive, in which case it all goes to her?

Any road, if your mother's will states that you have the right to buy the others out, and she's had a solicitor verify that this is legally sound, then it doesn't sound like you have anything to worry about. When it comes time to execute the will, you will be given the option of purchasing and your siblings can do nothing about it.

If you choose not to purchase, you will still own a quarter of the property.

An additional protection that is possible is a "right of residence" which would permit you to live in the property for as long as you wanted and none of your siblings could force a sale. It can be fraught though, it leaves everyone else woning part of the property and not being to do anything with it. Some people are OK with this. Some people would rather cash out.

At this stage it seems like the most productive course of action is for your mother to tell your siblings what's in the will, so there are no surprises when the time comes. If they're annoyed, then so be it, but there's still feck all they can do about it. At least they'll have time to come to terms with it. It is your mother's property and therefore her right exclusively to decide what to do with it.

https://www.boards.ie/discussion/comment/118852174#Comment_118852174

Flinty997

Sorry OP these are difficult issues.

Not trying to being to be harsh but the house belongs to the mother. No one else has any claim on it. Looking after someone is no guarantee they will be looked after in the will. If the OP can't afford the house. They can't afford the house. Often children can't afford to buy their family home.

The mother should really clear the air and decide what she's wants to do with her estate while still in good health. She might choose to give a bigger slice to the OP if they live there. But she should clarify this with the family and legally.

https://www.boards.ie/discussion/comment/118852321#Comment_118852321

Princess Calla

Obviously get proper solicitor/tax accountant advice.

However would it be possible to buy half the house from your mum now, so you'd be joint owners?

As it's her principle private residence she shouldn't have a tax bill triggered from CGT.

Then she'd be leaving half a house to be divided by 4 plus whatever cash left over from the sale. So on her death you'd own 62.5% of the property + a cash sum.

She might be able to stipulate that the remaining 37.5% has to be sold to you at market rate in a timeframe agreeable to you.

As for your brother....there's usually one in every family....parents know what their kids are like. They may not want to admit their children's short comings, but they do know them.

Jequ0n

You might want to edit your posts a bit OP. You are potentially giving away a lot of identifiable information about yourself.

Deleted posts, thanks to all who read and commented. I appreciate you taking the time

Flinty997

One of those situations where you have take a deep breath, stand back and try and look at it objectively. See if what you want out of the situation, is fair or realistic.

Boards.ie: Niamh

Since OP has removed all of the information needed to give an opinion here, I'm closing the thread to new posts.