Wills

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ASB replied

15 March 2006, 13:51
Originally posted by sparklelard

Hi'yall,

I am in need of some legal advice.

When my mother died 2 years ago, she left the family house to my siblings and I.

We initially allowed one brother to stay in the house as long as his personal circumstances don't change.

I now find that he is getting married and going to stay in the home.

Money is a bit tight at the moment and I am looking to pursue my share of the house.

Any suggestions on how to go around it?

Oh dear. Glass empty mode:-

So you now own part of a house (as does brother and other siblings) which probably has a sitting tenant on an assured tenancy. That will have done wonders for it's market value.

You could be in a dreadful mess.

Hopefully your brother will be cooperative. Although if that were the case I imagine you wouldn't be posting here.

I think you need some proper legal advice. You might like to ask the executors why they allowed this to happen. I suspect I already know the answer to that - they were not advised.
Leave a comment:
malvolio replied

15 March 2006, 13:49
Working from memory, so don't quote me, but the optimum solution is for your brother to buy out your share in the property at something around market rate. Even if there is only a casual agreement between everyone, the will still stands, the intention of the will was that you share equally in the benefits (unless there's a clause to the contrary) and one or more of you cannot take a disproportionate share.

Ask a solicitor - you should get the real answer in the first 30 minutes free consultation they provide, and you'll need one to do the paperwork anyway.
Leave a comment:
Xenophon replied

15 March 2006, 11:49
Originally posted by sparklelard

Hi'yall,

I am in need of some legal advice.

When my mother died 2 years ago, she left the family house to my siblings and I.

We initially allowed one brother to stay in the house as long as his personal circumstances don't change.

I now find that he is getting married and going to stay in the home.

Money is a bit tight at the moment and I am looking to pursue my share of the house.

Any suggestions on how to go around it?

Talk to your brother?
Leave a comment:
Mustang replied

15 March 2006, 11:11
Sounds like professional advice is required!

Was any sort of contract/agreement drawn up for your brother or was it just a verbal agreement between him and you & your siblings?
Leave a comment:
sparklelard started a topic Wills

15 March 2006, 10:57
Wills

Hi'yall,

I am in need of some legal advice.

When my mother died 2 years ago, she left the family house to my siblings and I.

We initially allowed one brother to stay in the house as long as his personal circumstances don't change.

I now find that he is getting married and going to stay in the home.

Money is a bit tight at the moment and I am looking to pursue my share of the house.

Any suggestions on how to go around it?
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