Delayed inheritance due to a relative having life long use of a house

[carpedeum]

My father died nine years ago.

A brother with learning difficulties was given life long use of the house with, on his death, my father’s will stating that the house be sold and monies derived from the sale asssigned equally to the remaining three siblings. I have no problem with this arrangement.

I am not an executor, but, my estate will be a beneficiary when the house is sold.

My concern is that the executors have not progressed the will. There is no record of engagement with the Probate Office and they have not been in contact with my parent’s solicitor since the reading of the will. The dominant executor evades all discussion!

Could the house be sold without me knowing and my estate receiving its share?

What should be done to protect the inheritance. Should a legal deed of some sort be drawn up, especially, if I were to die before my brother, who has lifelong use of the house, but, my estate should still benefit?

Should I get my solicitor to draw up a lien, to enforce my estate receiving a third share on the sale of the house and to ensure that the sale is ethically handled by an auctioneer with no ties to an executor? The dominant executor has connections in the real estate industry!

Another worry is that my brother, with lifelong use of the house, lives in it with his partner. Does the partner, or, the family of the partner have rights over the property if she is deemed a common-law wife?

 

[Clamball]

Lots of issues here and you are probably best advised by a solicitor who specialises in wills & probate.

Do you have a copy of the will your father made. If you die before your brother does the will say your share passes to your children. There will be specific wording covering this in the will.

Who owns the house now? Probably not your father, but not your brother either. That should definitely be sorted out, maybe it is still in your father’s name and the executor is waiting for your brother to die (which could be a very long time) before taking out probate. You don’t say who the executors are but what if they die before your brother.

You currently cannot leave your 1/3 share in the house in your will because you do not own it.

The lien or a deed sounds like something your solicitor would advise on.

As to your brothers partner, as your brother does not own the house they would have no claim to any of the property. But what if they both live into their ‘80s. Who is going to put an 80+ year old out of a home they may have lived in for decades. Do they have any children? And does your brothers partner know that the house is not his and that it will be sold when he dies?

 

[thedaddyman]

In order to sell the house, Probate will have to be completed so you should have little worries in that regards. Also a Tax Clearance cert will need to be got from the Tax Office on your Dad's estate.

The house is still in your Father's name but everything after that requries proper legal advice and potentially you are heading into a family dispute once lawyers get involved.

What about your other sibling, do they have a view?