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House inheritance between two sons

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2

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    #32
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    Sell and seperate yourself legally and financially from the BIL.


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    #33
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    ted1 wrote: »
    What has being happening to the house over the last three years ?

    Nothing, its empty. Its a real waste.

    I now have some people who are interested in renting the place (as is) with the intent of doing it up. What would be my best course of action to writing up a contract?

    Anyone have good advice?
    Recommend a solicitor?


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    #34
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    You would be crazy to get into business with your BIL on this.


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    #35
    Humour Me
    Registered Users Posts: 360 ✭✭Humour Me


    Why would someone be willing to spend money doing up a place they are paying to rent?

    You need to contact the BIL and discuss what to do with the house, whether it’s buy, sell or rent. There is no point making any plans until you have had a discussion.


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    #36
    spaceHopper
    Registered Users Posts: 3,987 ✭✭✭spaceHopper


    bigpaudge wrote: »
    Nothing, its empty. Its a real waste.

    I now have some people who are interested in renting the place (as is) with the intent of doing it up. What would be my best course of action to writing up a contract?

    Anyone have good advice?
    Recommend a solicitor?

    You can't do that you BIL would have to approve it. What if they claim ownership because they invested in the house. Work with you BIL to sell it or for you to buy him out. If this get acrimonious legal fees will eat up all the money it's not what your father wanted.


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    #37
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    Humour Me wrote: »
    Why would someone be willing to spend money doing up a place they are paying to rent?

    You need to contact the BIL and discuss what to do with the house, whether it’s buy, sell or rent. There is no point making any plans until you have had a discussion.

    You do get people who do that. They do a place do a dysmal job because they don't know how to prepare and paint a place, then expect the LL to pay them for a job (free or cheap rent) that will have to be undone and done properly. Like paint over varnished wood etc.

    After 3yrs and nothing done, neither of these owners have the drive to get this done and maintain it. Not remotely either.

    Sell it and seperate your finances. You'd be crazy to do anything else.


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    #38
    loyatemu
    Registered Users Posts: 14,889 ✭✭✭✭loyatemu


    your best advice remains to sell it as-is (same as the advice you were given in 2016).

    Why hasn't this been sorted out in the meantime - if your BiL is the executor it's his responsibility to sort it, but he can't just ignore it indefinitely. For one thing, he's on the hook for inheritance/acquisitions tax and may be clocking up interest (you may be as well depending on the value of the house). Renting it out doesn't remove the tax liability: https://www.crowe.com/ie/insights/inheritance-tax-and-non-resident-beneficiaries

    If he's not carrying out his duties as executor you need to get a solicitor involved.


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    #39
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    Renting out is more pushing this issue down the road and making everything worse.

    Get it sorted. Ask the BIL to agree to sell. If they continue to drag their feet, get a solicitor involved.


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    #40
    [Deleted User]
    Posts: 5,121 ✭✭✭ [Deleted User]


    Humour Me wrote: »
    Why would someone be willing to spend money doing up a place they are paying to rent?

    You need to contact the BIL and discuss what to do with the house, whether it’s buy, sell or rent. There is no point making any plans until you have had a discussion.
    People will put up with a lot if they can get the property at a discount.
    Apart from the various problems with your brother in law I think it would be a bad idea to rent it as it is. The tenants being happy doesn't absolve you from your responsibilities as a landlord and who knows what they might do to it.


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    #41
    Telly
    Registered Users Posts: 520 ✭✭✭Telly


    Have you made up with your brother in law in the meantime? If not you'd be nuts to rent out the house.


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    #42
    Pistachio19
    Registered Users Posts: 479 ✭✭Pistachio19


    You alone cannot rent it out so don't worry about drawing up a contract. Your BIL, as executor, needs to sort this out. Has Probate been granted? Has the house been transferred into yours and your bil's name?


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    #43
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Pistachio19 wrote: »
    You alone cannot rent it out so don't worry about drawing up a contract. Your BIL, as executor, needs to sort this out. Has Probate been granted? Has the house been transferred into yours and your bil's name?

    My old man is still topside, so it's his decision. He wants to rent it out, I will manage the contract and any quirks that appear. BIL doesn't want anything to do with this at the moment, I reckon he will show his face quick smart when my old man gets off the bus.

    At the moment I do all of the sorting out of upkeep, negotiation with gardener, insurance, neighbour-service etc... BIL is miles away... doesn't make any input. His excuse being "its not his house, it has nothing to do with him"


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    #44
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Telly wrote: »
    Have you made up with your brother in law in the meantime? If not you'd be nuts to rent out the house.

    Not really. There is little or no communication between us.


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    #45
    Princess Calla
    Registered Users Posts: 5,867 ✭✭✭Princess Calla


    bigpaudge wrote: »
    My old man is still topside, so it's his decision. He wants to rent it out, I will manage the contract and any quirks that appear. BIL doesn't want anything to do with this at the moment, I reckon he will show his face quick smart when my old man gets off the bus.

    At the moment I do all of the sorting out of upkeep, negotiation with gardener, insurance, neighbour-service etc... BIL is miles away... doesn't make any input. His excuse being "its not his house, it has nothing to do with him"

    So you've let the thread run for 3 years, only now saying your dad is still alive?


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    #46
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Princess Calla wrote: »
    So you've let the thread run for 3 years, only now saying your dad is still alive?

    When did I say he had died?


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    #47
    Pistachio19
    Registered Users Posts: 479 ✭✭Pistachio19


    You said he had left you a house which would lead one to think he had died. In fact he's alive so he hasn't left you anything. Assuming he's still of sound mind he could change his will numerous times before he dies so I certainly wouldn't be worrying about what to do with a house you don't own for yet another 3 years!


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    #48
    loyatemu
    Registered Users Posts: 14,889 ✭✭✭✭loyatemu


    bigpaudge wrote: »
    When did I say he had died?

    you heavily implied it in your first post, then thanked the second post that said "sorry for your bad news".

    In a way I admire your commitment in waiting nearly 4 years to troll us.


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    #49
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    loyatemu wrote: »
    you heavily implied it in your first post, then thanked the second post that said "sorry for your bad news".

    In a way I admire your commitment in waiting nearly 4 years to troll us.

    :D

    We can see why there are communication issues.


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    #50
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Pistachio19 wrote: »
    You said he had left you a house which would lead one to think he had died. In fact he's alive so he hasn't left you anything. Assuming he's still of sound mind he could change his will numerous times before he dies so I certainly wouldn't be worrying about what to do with a house you don't own for yet another 3 years!

    I do worry about it because I'm the one who has to deal with all the crap. Neighbours complaints (they are the best neighbours anyone could wish for btw), break-ins, garden up-keep, insurance etc... My old man is blind, he's alive but he's in no fit state to do any of this. He's being cared for in his last days. Yes he might change his mind. I am not trolling anyone here I am asking for some advice which I think is valuable for many others in the same boat.


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    #51
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Pistachio19 wrote: »
    You said he had left you a house which would lead one to think he had died. In fact he's alive so he hasn't left you anything. Assuming he's still of sound mind he could change his will numerous times before he dies so I certainly wouldn't be worrying about what to do with a house you don't own for yet another 3 years!

    I can't figure out what YOU presume, I am not a mindreader. I know what my old man put in his will because he sent me a copy. I am stating the facts as they are, I never mentioned he had died, thats what you read into it.


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    #52
    Pistachio19
    Registered Users Posts: 479 ✭✭Pistachio19


    bigpaudge wrote: »
    I can't figure out what YOU presume, I am not a mindreader. I know what my old man put in his will because he sent me a copy. I am stating the facts as they are, I never mentioned he had died, thats what you read into it.

    Me and many other posters who replied took it from your first post that your father had died as you said you had been left a house - you had not been left a house. One poster said they were sorry about the bad news, one asked directly if your father had died, another asked if house had been through Probate (before I asked today) yet you still didn't give clarification, so I think it was fair to assume that your father had died. Glad to hear he hasn't. Perhaps given you are away it might be best to engage an estate agent to look after the house rental.


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    #53
    Pauliedragon
    Registered Users Posts: 2,664 ✭✭✭Pauliedragon


    bigpaudge wrote: »
    I can't figure out what YOU presume, I am not a mindreader. I know what my old man put in his will because he sent me a copy. I am stating the facts as they are, I never mentioned he had died, thats what you read into it.
    OP to be fair I'd be confident that every person who read that first post would've assumed your father had passed. I'm sure that wasn't your intention but that's how it came across. Can you ask your father to make you executor?


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    #54
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Pauliedragon wrote: »
    OP to be fair I'd be confident that every person who read that first post would've assumed your father had passed. I'm sure that wasn't your intention but that's how it came across. Can you ask your father to make you executor?


    I can ask, but it seems I'm not the favourite. Originally I was the executor and then he changed his mind.

    I am named as the "Enduring Guardian" in the "Advanced Healthcare Directive" basically his decision maker when he can no longer make them for himself.

    I am sorry for any confusion. I am reaching out here because sad as it is I have nobody else to talk to about this,... nobody who has any answers.


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    #55
    holyhead
    Closed Accounts Posts: 1,249 ✭✭✭holyhead


    bigpaudge wrote: »
    I can't figure out what YOU presume, I am not a mindreader. I know what my old man put in his will because he sent me a copy. I am stating the facts as they are, I never mentioned he had died, thats what you read into it.

    First off you say something along the lines of "when my father passes away the family home will be left between me and my brother-in-law"

    It's really very simple :)

    I don't know you from Adam but it seems very pointed that your father makes a non blood connection the executor to his will.


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    #56
    Telly
    Registered Users Posts: 520 ✭✭✭Telly


    If your brother in law wants nothing to do with the house cant you tell your Dad to remove him from the will?


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    #57
    [Deleted User]
    Posts: 5,121 ✭✭✭ [Deleted User]


    So who owns the house right now?
    Is it your father with a will saying what he wants to happen to it or is it already transferred to you and your BIL?
    If it is your father is he still of sound mind or whatever the phrase is?
    If it is transferred then it is solicitor time.


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    #58
    bigpaudge
    Registered Users Posts: 61 ✭✭bigpaudge


    Deleted User wrote: »
    So who owns the house right now?
    Is it your father with a will saying what he wants to happen to it or is it already transferred to you and your BIL?
    If it is your father is he still of sound mind or whatever the phrase is?
    If it is transferred then it is solicitor time.

    My old man owns the house; in his will it states it will be left to my BIL and I. My dad is of sound mind yes. I think he favours BIL over me as I was always the black sheep of the family. BiL married my sister and was around for my father after my mum died. I was already living abroad. When my sister passed away he was left with two young boys and my dad was there too. I was out of the picture. Now my old man has maybe a year or two left in him and I'm trying to figure out how to stop him (BIL) taking away any security I have left. BIL has his own place (a million dollar house in the sun)


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    #59
    Claw Hammer
    Registered Users Posts: 6,215 ✭✭✭Claw Hammer


    bigpaudge wrote: »
    My old man owns the house; in his will it states it will be left to my BIL and I. My dad is of sound mind yes. I think he favours BIL over me as I was always the black sheep of the family. BiL married my sister and was around for my father after my mum died. I was already living abroad. When my sister passed away he was left with two young boys and my dad was there too. I was out of the picture. Now my old man has maybe a year or two left in him and I'm trying to figure out how to stop him (BIL) taking away any security I have left. BIL has his own place (a million dollar house in the sun)

    It is very simple, when your father dies, force the sale of the property and split the proceeds. In the meantime, it is your father's house to do with as he pleases.


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    #60
    SozBbz
    Registered Users Posts: 1,889 ✭✭✭SozBbz


    bigpaudge wrote: »
    My old man owns the house; in his will it states it will be left to my BIL and I. My dad is of sound mind yes. I think he favours BIL over me as I was always the black sheep of the family. BiL married my sister and was around for my father after my mum died. I was already living abroad. When my sister passed away he was left with two young boys and my dad was there too. I was out of the picture. Now my old man has maybe a year or two left in him and I'm trying to figure out how to stop him (BIL) taking away any security I have left. BIL has his own place (a million dollar house in the sun)

    Few things....

    Its not uncommon for in laws to become close. Especially with you sister having passed away - its quite logical that your dad wants to include your BIL as to not do so, he'd be effectively denying her children (his grandchildren) any portion of that.

    Secondly, this may sound harsh, but you're not entitled to that house. How is your BIL "taking away any security you have left?" You're a grown up, living out of the country so clearly able to sustain yourself.

    The fact that your BIL has his own money also is frankly none of your business.

    Sell up when the time comes, take the money and invest it in a home of your own if you want security.


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    #61
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    Father should get the will changed so on his death the house is sold immediately and the proceeds split 50/50.

    Shared ownership is disaster.


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