uncleoswald
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Long story short, a house was left in my and my sister's name.
It’s hard to square these two statements.it was intended that our brother live there for the rest of his life.
Was this explicitly stated in the will or was it communicated to you separately/unofficially "off the record"?However it was intended that our brother live there for the rest of his life.
I am happy for him to live there for the rest of his life as he'd likely either be on the street or living with me or my sister if he didn't have the house which honestly is not an option. Long story short he has been a bit of a disaster area but the house has helped him get his life turned around somewhat so I don't want to upset that.What are you trying to achieve? What are you trying to protect yourselves from?
Are you happy enough for your brother to live there rent-free for the rest of his life?
I presume that the will did not give him a right of residence?
Who is paying the Local Property Tax, Insurance and other costs such as maintenance?
Brendan
It's complicated family stuff. Partially for CAT purposes, he has already received money for a house that was squandered. And there is also an estranged wife that meant my parents didn't want her to have any claims to the house. Intentions were all good just very naive. Does he have income or assists? Sporadic and not to be relied upon.So your parents explicitly excluded your brother from the will but……
It’s hard to square these two statements.
Does your brother have an income or any other assets?
The will made no mention of it and no legal advice was given at the time.Was this explicitly stated in the will or was it communicated to you separately/unofficially "off the record"?
If it wasn't in the will are you and your sister happy to facilitate this even if not obliged to do so by the will?
Who was executor and did the probate solicitor give them any opinion on this issue?
I am happy for him to live there for the rest of his life
I guess I am trying to protect myself from any costly issues that may arise down the line. As you say either him claiming ownership, or if he let the place fall into disrepair and I was liable, That is why I was thinking a Right of Residence might be an option, it can just be his for his life to maintain and then, if I live longer, I can reclaim it as an asset.So what are you trying to protect yourself from?
He sunk quite a large amount of money into it, probability a fifth of the total cost of the property. Don't think she can claim anything, it came from a legal payout he received since estranged."I am paying the property tax but he has already sank the rest of his own money into renovations"
Does the money he has sunk into the property give him some equitable interest in the property? How much money is involved? Was there any oral agreement or did he just plough ahead with renovations? Is the amount quite large and was it marital money? Could his estranged spouse have a claim as a consequence of this? Lots of questions - but outside the scope of this forum, I think.
House is insured but by me. This is one of my concerns, I don't want to have to keep insuring a house I don't live in.I would add that it is critical that you and sister continue to insure the house as you are the ones with the insurable interest.
If it's not in hoi name can she have any rights to it?A big issue I think is the estranged spouse. Assuming they are still married, what if any rights does she have or will she try to enforce ? At some point they might need to divorce if one them wishes to remarry. Or if either of them pass away, will they have family who might chase down any potential estate ?
I think you need to fully clarify that she does indeed have no rights. If your brother gains some she might also.I guess I am trying to protect myself from any costly issues that may arise down the line. As you say either him claiming ownership, or if he let the place fall into disrepair and I was liable, That is why I was thinking a Right of Residence might be an option, it can just be his for his life to maintain and then, if I live longer, I can reclaim it as an asset.
He sunk quite a large amount of money into it, probability a fifth of the total cost of the property. Don't think she can claim anything, it came from a legal payout he received since estranged.
House is insured but by me. This is one of my concerns, I don't want to have to keep insuring a house I don't live in.
If it's not in hoi name can she have any rights to it?
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