Brother refusing to vacate house left to four of us in my father's will

Thirsty said:
Indeed; but not irrelevant to resolving the family situation.

The law is a blunt instrument; when you use it as a bludgeon everyone gets hurt.
Click to expand...
Let the executor carry out the deceased's wishes as required by law.
Let the siblings do their own deal after the fact to compensate the carer brother if they want.
I'm not sure why others want to over think and complicate matters.
Life doesn't have to be a soap opera.
 
If there were no dispute and if all the brothers got along well, they would probably agree to the sale of the house at a reasonable price to the 4th brother. They would cooperate to make that happen.

But it sounds as if the 4th brother has soured everything so they should not facilitate him.

Brendan
 
What would your proposal be to the OP then?
 
With a will being legal is there any comeback on the executor if the will is not disturbuted according to the will ??
Let's say 3 siblings agree too sell too sibling 4,would there be any recourse on the executor for an agreement of this nature ??
With a fair market value achieved so nobody is down money.
 
We all got on well up until recently, which is a shame because you often hear of family’s falling out over a will and I never thought it would happen to our family.

Even if we all gave the live at home brother a discount on our share for him to buy the house he would not be able to and would need a big mortgage to be able to buy the house from us. And he is unwilling to even explore the option to get a mortgage to see how much he could borrow. We have explained to him that if the house is sold that we all could all be in a position to buy a house each or pay off the mortgages for those of us who already have a house, which to me seems very fair. But the live at home brother doesn’t want to compromise and just wants the family home.
 
Thirsty said:
What would your proposal be to the OP then?
Click to expand...

I was responding to the people who said that an Executor must follow the will. Of course, he does but he can reach agreement with the beneficiaries on the sale of the house.

Unfortunately, if the brother insists on staying, the Executor must take legal action to remove him and seek an order from the Court that the legal costs will be taken out of his share.

Brendan
 
But they have and he has refused to engage. His bottom line is that he is staying in the house.

He is leaving the Executor with no alternative.

Brendan
 
Thirsty said:
And in order to avoid that outcome, which is of zero benefit to anyone in the family; I believe the siblings would do well to seek an alternative.
Click to expand...
How is it of zero benefit to anyone in the family? The brother is a clown and will always be a clown. He gets removed from the property, and the others get their share of the proceeds, whereas the idiot brother loses a sizeable chunk of his share through legal fees. Sounds like a sizeable benefit to the others in that they get to pay down their mortgages and the troublemaker learns a painful lesson. A rare ‘win-win’. It’s not like there isn’t already acrimony. People like the brother prey on the weakness of others; so you bury them.
 
@Gordon Gekko -

In much the same way that you have passed judgement on someone who is only a third party on this thread.

I can only deduce from your post that money is of greater value to you than family.
 
Dana123 said:
...brother doesn’t want to compromise and just wants the family home.
Click to expand...
Clearly that isn't possible if he can't raise a mortgage to buy out your share.

Even with the best will in the world (and your Solicitor doesn't sound the speediest) it can easily take a year to get Probate & the house can't be sold until then.

You don't say how long it is since your father passed away, or why your brother believes he was to be left the house. Is he the youngest in the family?

If you've previously had a good relationship; then I would say keep talking and more importantly keep listening.
 
Thirsty said:
@Gordon Gekko -

In much the same way that you have passed judgement on someone who is only a third party on this thread.

I can only deduce from your post that money is of greater value to you than family.
Click to expand...
Eh, no.

Have you even read the thread?

The brother is an unreasonable loolah.

Just allow the Executor to apply the law and adhere to the deceased’s wishes.

How is that indicative of “money being of greater value to me than family”? You’re actually describing the brother.

TBH, I find your post both hilarious and offensive in equal measure.
 
I'd be getting the solicitor to send a strongly worded letter immediately and commence proceedings within a few weeks.

The shorter it goes on the more chance of reconciliation.

Allow it fester and it will become engrained and there's little chance of return.

Make it that it is the solicitor that is doing the pushing.

Once the brother gets advice from his own solicitor, it will see things move along.
 
Really sorry about your Dad.

Would you and your two brothers consider giving the stay at home brother say €3K each as a gift from your proceedings once the money has been distributed. He would be €9K better off and the estate might end up not spending thousands getting him out.

it sounds as if you have all spoken to him several times and the only solution he sees is continuing to live in the house until he is eventually forced to leave.

So lots of
So thankful that you were there for Dad in his last year.
Potentially saved us thousands in nursing home fees
So kind of Dad to let you live there for free for so long
The will was Dads dying wish, really need to honour that.

Basically just don’t mention unreasonable, stubborn, difficult, being a pain, etc, etc. A smallish financial pain for each of you might save thousands and months and years of it been drawn out.

The solicitor sounds like he is moving slowly so he will take loads of time to move the brother out. He will probably wait until probate has been granted to put the house on the market. (12-18 months if he gets push back from the brother on supplying details or allowing bills To be paid, valuation to happen or bank statements to be found. (my brother in law refused to give his pps number because he was still grieving….). The he will write and ask him to leave so the house can be put on the market, maybe 2/3 letters over the next 6 months before he threatens to take him to court to force vacant possession. So 2-7 years or any time in between. A few thousand euro to the brother might work wonders!!
 
ClubMan said:
Not really sure what your point is here?
Click to expand...
Didn't think this was difficult to understand. But let me explain in as much detail as I possibly can:

1. OP says that exec is being blocked by resident sibling; not providing information, not allowing valuers access to property etc.

He is now being quite difficult by refusing to let valuers in the value the house for probate purposes and not sending in required information to the solicitor etc
Click to expand...

2. Clubman posts:
"Let the executor carry out the deceased's wishes as required by law."

3. Thirsty says, that is where we started from. Exec is being blocked by resident sibling, see point 1.
 
It's the part of the executor's job/responsibility to sort this blockage out.
 
Sorry for your loss.

Word of advice from someone who's been through the probate process. Call into your solicitor and see him/her face to face. Things tend to move a bit more quickly this way.
 
You must log in or register to reply here.
Menu
Log in
Register