Division of Estate

[MrSmith901]

What is the usual outcome in this kind of scenario?

Both parents died in relatively short space of time
3 surviving children
No will, so estate to be divided equally between the 3
1 of the 3 children (50 year old man) is living free of charge in the home that is now part of the estate to be divided
The 50 year old man is refusing to engage with solicitors and will not move out, therefore selling the house is currently impossible
Solicitors are dealing with it but looks like it will end up in court

Are there scenarios where the court would let the man stay in the home on the basis he has lived there for years, has nowhere else to go etc.? Where does that leave the two other siblings in terms of the estate?

I have no vested interest in this as I am not one of the 3 siblings but thought I would see if anyone else has experience here.

[alscar]

MrSmith901 said:

What is the usual outcome in this kind of scenario?

Both parents died in relatively short space of time
3 surviving children
No will, so estate to be divided equally between the 3
1 of the 3 children (50 year old man) is living free of charge in the home that is now part of the estate to be divided
The 50 year old man is refusing to engage with solicitors and will not move out, therefore selling the house is currently impossible
Solicitors are dealing with it but looks like it will end up in court

Are there scenarios where the court would let the man stay in the home on the basis he has lived there for years, has nowhere else to go etc.? Where does that leave the two other siblings in terms of the estate?

I have no vested interest in this as I am not one of the 3 siblings but thought I would see if anyone else has experience here.

I am not an expert and suggest you contact a solicitor that is but logic says I doubt the court will allow the man to stay there as presumably HMRC will want their share of the Inheritance tax - assuming applicable.
If no IHT then I still can’t see why said man could live there as the house has been left to the 3 children equally.
If he had the funds then obviously I guess he could pay them whatever the house is worth excess of his one third share etc.
Surely the solicitors engaged have already answered this point though ?

[megaphone]

Has probate been granted? Can't really do anything until it has.

A friend of mine and his siblings have just done £50k in legal fees arguing over selling the equally divided house.

Edited by megaphone on Monday 13th March 17:29

Edited by megaphone on Monday 13th March 17:29

[Vasco]

They need to see a solicitor.

Generally, the estate of whichever parent died first will automatically pass to the survivor. When, in turn, the survivor died the estate would usually be assumed to pass to their 3 children in equal proportions.

With no will, a solicitor can advise on taking out Letters of Administration.

I can't see the current living arrangements having much to do with it, the 3 children will have to agree what to do.

[AlfaManc]

MrSmith901 said:

What is the usual outcome in this kind of scenario?

It's not a usual scenario. To me there are two aspects to this. First, you need a grant of letters of administration to begin the process of sorting out the assets. That is the first step in the probate process where there is no will.

Second, there is the issue of "evicting" the occupant. This is distinct from probate.

FWIW, I would echo any recommendation to at least seek a legal opinion so you understand what both processes entail. Clear guidance can save you a lot of time and money in the long run.

[stemll]

Once they have Letters of Administration, if their sibling still refuses to engage or move then the administrator can force the sale by applying to court for an Order of Sale


Edit in line with Vasco's correction below and a typo

Edited by stemll on Saturday 18th March 11:14

[Vasco]

stemll said:

Once they have probate, if their sibling still refuses to engage or move then the executor can force the sale by applying to court of an Order of Sale

Just to avoid unintentional confusion, it won't actually be a Probate (that's when a Will has been proven), it will be when Letters of Administration has been granted. It's then for those who have been granted to determine what next to do.
A solicitor would be highly advisable.

[Franco5]

MrSmith901 said:

What is the usual outcome in this kind of scenario?

Both parents died in relatively short space of time
3 surviving children
No will, so estate to be divided equally between the 3
1 of the 3 children (50 year old man) is living free of charge in the home that is now part of the estate to be divided
The 50 year old man is refusing to engage with solicitors and will not move out, therefore selling the house is currently impossible
Solicitors are dealing with it but looks like it will end up in court

Are there scenarios where the court would let the man stay in the home on the basis he has lived there for years, has nowhere else to go etc.? Where does that leave the two other siblings in terms of the estate?

I have no vested interest in this as I am not one of the 3 siblings but thought I would see if anyone else has experience here.

What kind of 50 yo freak still lives with their parents?

[Yellow Lizud]

Franco5 said:

What kind of 50 yo freak still lives with their parents?

Ones who expect to end up with a free house!

[Wilmslowboy]

Yellow Lizud said:

Franco5 said:

What kind of 50 yo freak still lives with their parents?

Ones who expect to end up with a free house!

The kind that MIGHT of cared for his elderly parents during their most needy times ?

[MrSmith901]

Probate has been granted and solicitors are engaged but the 50 year old man will not engage and is ignoring all correspondence.

And yeah I don't know the guy (Mrs Smith's side of the family) but by all accounts he is a very odd individual.

[Sir Bagalot]

Give Mark at AST Assistance a call. Whilst it may not be a tenant issue he may give you some good advice.

Assuming you have access to the house? Make a nuisance of yourself?

[Durzel]

Franco5 said:

What kind of 50 yo freak still lives with their parents?

If we’re just taking negative reads based on no info I’m going to assume the guy was actually caring for his parents, they appreciated him being there, and the other two siblings couldn’t be bothered to be in their lives at all until they smelt money.

[elanfan]

Charge him two thirds of the going rent. You might be able to take it out of his share

[Pit Pony]

Wilmslowboy said:

Yellow Lizud said:

Franco5 said:

What kind of 50 yo freak still lives with their parents?

Ones who expect to end up with a free house!

The kind that MIGHT of cared for his elderly parents during their most needy times ?

The kind that was desperately trying to get them to write a will, to protect himself from his greedy or needy siblings.

[Ziplobb]

I am struggling a bit here
Elderly parents have died - one child has lived in the house (his home) presumably all of his life and the other two want to kick him out soon as ? give yourselves a head wobble - it sounds like the blokes home and he is FAMILY. The reason why his does not want to engage is because he can see what is going to happen and depending on finances (value of house) may not a roof over his head.

[SmoothCriminal]

Ziplobb said:

I am struggling a bit here
Elderly parents have died - one child has lived in the house (his home) presumably all of his life and the other two want to kick him out soon as ? give yourselves a head wobble - it sounds like the blokes home and he is FAMILY. The reason why his does not want to engage is because he can see what is going to happen and depending on finances (value of house) may not a roof over his head.

So the other two siblings have gone out in the world made a life for themselves but should just let one sibling live in the house and they should forfeit their right to do what they want with their share because a grown adult hasn't organised themselves properly and have freeloaded off their elderly parents.

How do you know the other two siblings haven't got money troubles themselves.

I'm sure one third of a house could fund rent for a few months or years.

[Olds124]

You might find the Inheritance (Provision for Family and Dependants) Act 1975 and associated case law has some bearing on the matter.

[Nemophilist]

Is it possible that once split between 3 that there will be enough for the 50 year old sibling to buy a flat/house outright?

[Durzel]

SmoothCriminal said:

Ziplobb said:

I am struggling a bit here
Elderly parents have died - one child has lived in the house (his home) presumably all of his life and the other two want to kick him out soon as ? give yourselves a head wobble - it sounds like the blokes home and he is FAMILY. The reason why his does not want to engage is because he can see what is going to happen and depending on finances (value of house) may not a roof over his head.

So the other two siblings have gone out in the world made a life for themselves but should just let one sibling live in the house and they should forfeit their right to do what they want with their share because a grown adult hasn't organised themselves properly and have freeloaded off their elderly parents.

How do you know the other two siblings haven't got money troubles themselves.

I'm sure one third of a house could fund rent for a few months or years.

No one knows the circumstances of this, yet people seem happy to jump to conclusions anyway. Now this guy is a freeloader who hasn't organised themselves properly.

Worth remembering we're hearing one side of a story here.

Since there was no will one can assume the parents didn't explicitly wish for the resident sibling to be turfed out so the other siblings could get "their share", but that doesn't matter when there is money involved.