Brother wont contribute to house costs

F

Family Guy

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Hi

My father passed away 3 years ago and made a will leaving the family home to my mother, for the rest of her life, then to myself and my brother equally. At the moment my mother lives in the house alone. I have my own house and my brother has his own.
The family home is in need of some major repairs that my mother cannot afford on her own. I want to contribute to this, as I think its only fair as one day the house will be partly inherited by me. My brother says he cant contribute anything
I can envisage a situation where there are going to be ongoing costs associated with the house and either I contribute or the house will suffer. I can also envisage that when the time comes my brother will expect his half of the property as the will states. Is there anything I can do to avoid this situation (other than not contribute myself), or has anyone been in a similar situation before ?
Thanks
 
Is your brother saying that he won't pay or that he can't pay?

If you can pay and he can't, then you could come to an arrangment where you get credit for the work done. He would have to agree to it though.

Are you in a position to buy out your brother's interest now? Obviously you would not be paying the market value, but some fraction of it to recognise that he is getting the money now.
 
Brendan Burgess said:
Are you in a position to buy out your brother's interest now? Obviously you would not be paying the market value, but some fraction of it to recognise that he is getting the money now.
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Might need to be careful about doing anything with the purchase of the house in case your mother may need to go into a nursing home at any time in the future under the [broken link removed] scheme.
 
Brendan Burgess said:
Is your brother saying that he won't pay or that he can't pay?

If you can pay and he can't, then you could come to an arrangment where you get credit for the work done. He would have to agree to it though.

Are you in a position to buy out your brother's interest now? Obviously you would not be paying the market value, but some fraction of it to recognise that he is getting the money now.
Click to expand...

Thanks for your response
My brother says he cannot afford to pay. I can barely afford to pay either but the house is needing the work done urgently. My brother and I do not get on very well so coming to any kind of arrangement will be difficult.
I am not in a position to buy out his share, as I have a mortgage of my own to worry about
 
My advice would be to establish approx. what costs will be involved in the refurbishment and ongoing maintenance. You then will have to get a decision from the brother. Either he contributes now or have an agreement that your costs will be refunded after your mother has died and the house sold.
While he may not agree in writing I would then keep all receipts for expenditure and put a claim in against the estate when the will is being processed
 
Vanessa said:
... put a claim in against the estate when the will is being processed
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What estate? The interest in the house passes under the father's will. I would presume that all other assets have already been distributed.
 
Sue Ellen said:
Might need to be careful about doing anything with the purchase of the house in case your mother may need to go into a nursing home at any time in the future under the [broken link removed] scheme.
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Hi Sue

I don't think that the mother has any financial interest in the house. She has a right to live in it. She can't give it as security for the Fair Deal scheme.
 
Brendan Burgess said:
Hi Sue

I don't think that the mother has any financial interest in the house. She has a right to live in it. She can't give it as security for the Fair Deal scheme.
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Don't want to take the OPs thread off topic but it would be an interesting one to see how the HSE would handle this aspect of ownerhsip.
 
I think the Spouse has a right to more than a life interest under S111 of Succession Act - it seems to me that its 1/3 of the estate and I am not sure that the Life Interest amounts to that. That may mean the spouse should have got some of (any) cash etc..
 
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