Inheritance advice needed :(

[dolphingirl47]

My husband seemed to think that eventually you will win, but he also warned that it could long, drawn out and messy. He also said that your brother may have a case as a dependent adult under the Inheritance (Provision for Family and Dependents) Act 1975. You still would be able to get him out and force the sale eventually, but you may have to settle for less than half. This act is the main reason while you need to act right now.

 

[joolz1910]

My husband seemed to think that eventually you will win, but he also warned that it could long, drawn out and messy. He also said that your brother may have a case as a dependent adult under the Inheritance (Provision for Family and Dependents) Act 1975. You still would be able to get him out and force the sale eventually, but you may have to settle for less than half. This act is the main reason while you need to act right now.

Blimey, would he be classed as a dependant despite his age? I will contact the solicitor this week and find out what my options are. It does worry me that he has made my Mum's house his permanent address. Before Easter he was registered as living in London as a student (his 3rd attempt at getting a degree) and then he moved back home.

 

[dolphingirl47]

Blimey, would he be classed as a dependant despite his age? I will contact the solicitor this week and find out what my options are. It does worry me that he has made my Mum's house his permanent address. Before Easter he was registered as living in London as a student (his 3rd attempt at getting a degree) and then he moved back home.

Apparently so. If the person in question was supported by the person who has died (which appears to be the case with your brother) and they feel that they inheritance does not provide for them adequately, then they may have a claim under this act. The age unfortunately does not come into this.

Corinna

 

[joolz1910]

Apparently so. If the person in question was supported by the person who has died (which appears to be the case with your brother) and they feel that they inheritance does not provide for them adequately, then they may have a claim under this act. The age unfortunately does not come into this.

Corinna

That is awful. The only reason he can't support himself is because he refuses to get a job. I have worked hard my entire adult life and have been paying a mortgage for 20 years while he sat on his backside. Sorry, rant over.

I have had a look at the act and it seems to rest on adequate financial provision. I wonder what would be deemed 'adequate'? With the money he will inherit, he could buy a small property and he has substantial investments of his own too. Seems pretty adequate to me

 

[Eliza32]

Not wishing to get too personal in discussing your circumstances, but you say that your brother has not worked in 12 years because he is depressed?

Does he get job seekers allowance, or incapacity benefit?? If he gets incapacity, then you may have a real fight on your hands because of the adult dependent issues. You need to move quickly with a solicitor, I certainly wouldn't wait until January to put the house on the market, I'd get the ball rolling now. Also,make sure he really has changed all of those bills into his name.....otherwise he'll get them paid out of the estate. As he's classed as a co-owner of the property, not a tennant, you could become part liable if he doesn't pay them.

 

[joolz1910]

Not wishing to get too personal in discussing your circumstances, but you say that your brother has not worked in 12 years because he is depressed?

Does he get job seekers allowance, or incapacity benefit?? If he gets incapacity, then you may have a real fight on your hands because of the adult dependent issues. You need to move quickly with a solicitor, I certainly wouldn't wait until January to put the house on the market, I'd get the ball rolling now. Also,make sure he really has changed all of those bills into his name.....otherwise he'll get them paid out of the estate. As he's classed as a co-owner of the property, not a tennant, you could become part liable if he doesn't pay them.

He has never had to claim benefits because my Mum paid for everything. He looked into incapacity benefit last month but he isn't elligible because he has too much money in investments. He can't claim job-seekers as he isn't looking for work.

He did have some income over those 12 years as he wrote freelance articles for a while. He has not worked a 9-5 job since 1999. Depression isn't the reason he has no job - he just didn't want to work.

 

[Tinkerbell1989]

I'll be honest Jules, I have no advice for you, but I just wanted to offer some hugs and hope that you get this all sorted. It sounds like an awful situation to be in.

Steffi xx

 

[cornflake]

That is something I am worried about. There is a small mortgage on the property and my brother was thinking about borrowing on it. I contacted the building society and they said that he couldn't do that. Thank goodness.

I worry that he will run up debts, not pay bills etc. I told him that he could live off the money that our parents left him. His reply? Mum and Dad didn't leave that money so that I could pay bills!

I am giving him until the end of November as I want the house on the market in the new year. If he still stonewalls me, I will pay a solicitor to deal with it. I've seen this coming for many years, I always knew it would be inevitable

Perhaps he could be sent a legal letter informing him of your position - that you wish to sell your half in January or he's free to buy you out or whatever and that you'll begin proceedings in Nov. Maybe that'll give him a push and protect you some from any claim that you've accepted the situation?

The bolded reminded me of a woman on another forum who was complaining that she'd been turned down for food assistance benefits because, though she'd lost her job some time ago, she had large amounts in savings and investments.

She was completely livid, complaining about how was she meant to live without benefits or salary.

When people pointed out she had substantial savings, she was aghast that not only the forum but the government expected her to use her savings "to buy food!!" like that was a ludicrous notion.

 

[joolz1910]

Perhaps he could be sent a legal letter informing him of your position - that you wish to sell your half in January or he's free to buy you out or whatever and that you'll begin proceedings in Nov. Maybe that'll give him a push and protect you some from any claim that you've accepted the situation?

The bolded reminded me of a woman on another forum who was complaining that she'd been turned down for food assistance benefits because, though she'd lost her job some time ago, she had large amounts in savings and investments.

She was completely livid, complaining about how was she meant to live without benefits or salary.

When people pointed out she had substantial savings, she was aghast that not only the forum but the government expected her to use her savings "to buy food!!" like that was a ludicrous notion.

That is exactly my brother's attitude! He said that his investments are for his retirement and he doesn't see why he should have to cash them in now. People who know me IRL can't believe we are related and are astounded by how he lives his life. He is adamant that he can't work, he won't cash in his investments, his inheritance is not 'for bills' and he isn't entitled to benefits. You couldn't make it up lol.

 

[cornflake]

That is exactly my brother's attitude! He said that his investments are for his retirement and he doesn't see why he should have to cash them in now. People who know me IRL can't believe we are related and are astounded by how he lives his life. He is adamant that he can't work, he won't cash in his investments, his inheritance is not 'for bills' and he isn't entitled to benefits. You couldn't make it up lol.

Heh, he hasn't had a job in a dozen years, you say - what precisely is he planning to retire FROM?

Yeah, I remember her because pretty much the entire forum went 'buh?' when she started with that her money wasn't meant to buy food and that obviously the government should give her benefits because it was ridiculous to expect her to spend the money she'd saved on things like that.

Quite indignant about it too, she was, and incensed people did not see her point or agree.

 

[joolz1910]

Heh, he hasn't had a job in a dozen years, you say - what precisely is he planning to retire FROM?

Yeah, I remember her because pretty much the entire forum went 'buh?' when she started with that her money wasn't meant to buy food and that obviously the government should give her benefits because it was ridiculous to expect her to spend the money she'd saved on things like that.

Quite indignant about it too, she was, and incensed people did not see her point or agree.

lol, perhaps my brother should shack up with her?
Unfortunately, if someone holds these views, you just can't reason with them. I have tried, god knows I have tried.

 

[Kath2003]

I don't have any advice but just some thoughts. This is obviously a very awkward situation for you to be in.

I'm guessing that if your mother and brother lived in this house, it's a decent enough size. This could actually benefit your brother, as half of its value could be enough to put down a significant payment on a smaller, and therefore more financially manageable (bills etc.) property. He will undoubtedly have to gain employment (or spend up first) - unless he can convince someone that he unable to work - and after that long out of formal employment, the jobs that are initially available to him are going to be at the lower end of the pay scale. By living in a smaller property, he will be able to make ends meet. Right now, even if he got a job, would this be the case?

It's not much, but you are forcing him into a situation which should help him resolve the issues he has. Maybe one day he will thank you.

 

[joolz1910]

It's not much, but you are forcing him into a situation which should help him resolve the issues he has. Maybe one day he will thank you.

This.
A friend said that I am going to do what my parents should have done years ago. He is getting worse; not looking for a job, not looking for somewhere to live, getting up at 3pm etc.

His latest solution to his cash-flow problem is to write a book. Give me strength.