Do I, as eldest son have any rights of say in my mother's (aged 97) finances. My younger brother wants to sell my mother's house and his house and with the proceeds buy himself a bigger house so that she can live with him. This would probably realise something in the region of £500,000. This would mean that I would get nothing in the event of her death. Can I insist that the proceeds of her house are split equally, so that I and my two sons do not miss out. My mother is not senile, and says that these are her wishes - to sell up and live with my younger brother. She has willed it that the proceeds of her house are split equally on her death, but of course she can change her will. Can I insist that any proceeds from my mother's house are split equally between my younger brother and myself?
2007-03-20 21:28:26 · 20 answers · asked by debnmaid 1 in Family & Relationships ➔ Family
no you have no say, this is for two reasons, because she is living that is reason number one she can decide how to sell her property, two you stated she is not senile, again she has the right to make her own decisions as she is in a good state of mind. So sorry you dont have many rights, One solution you sell your house, your mum sells hers , your brother sells his and buy an even bigger property all live there then eventually you will have equal share of the property.
2007-03-20 21:38:33 · answer #1 · answered by mamgu....... 6 · 0⤊ 0⤋
there wont be any proceeds of sale for you to split because the funds will have already been spent in paying for the new house. I think that the only thing would be is for your mother to leave her share in the new property to yourself and your brother so that on her death you will become part owner of the property with your brother and not your mother. Your brother would then have the option of buying you out. When the new house is purchased, the property should be held as Tenants in Common and your mother should then consider making a new Will. All this, of course, is your mother's decision, not yours.
2007-03-20 21:41:49 · answer #2 · answered by Sugarlump 3 · 1⤊ 0⤋
We had almost the same problem in our family. It involved my aunt and her son. Her daughter has been left with nothing and my aunt is still alive and pushed into a nursing home. Her son, my cousin, convinced my aunt to sell her home and put the money into a house that he and his wife wanted to buy. They took her to the house (it was under construction) and showed her the room that was to be hers. Our family was in an uproar because my aunt was suffering from early stages of Alzheimer's and the new home would put her a good hour away from any of her other family members.
Little did we know that he had a plan. He invested most of my aunt's $600,000.00 into the purchase of the home but he failed to have her name put on the title. After 2 years, he sold the house, put my aunt in a nursing home near us and moved far away.
Nothing can be done now. Is this anything like your younger brother? You need to watch out for your mom. If her money is going into that house, you make sure her name is on it. If for some reason your brother were to die first, it would all go to his wife if your mothers name is not on the title. That is the best reasoning I can offer you for butting in and making sure your mom is protected. Her will would then determine the division of her share in the house which is only right. If you don't watch out for her and your brother pulls off something like my cousin did, he will be rewarded handsomely for his deceit. If he gets mad at you for standing up for your mom, he is definitely planning to rob her and is nothing more than a thief. You need to get very involved in your mothers life, right now. Once involved, stay there. Be a good son. Not for the money but because it is the right thing to do.
You should have an attorney ready should you have problems. It should actually be your mom's attorney. It is her money that is at strake here. Let him ask your brother why your moms name is not on the new house.
2007-03-20 22:42:47 · answer #3 · answered by terterryterter 6 · 0⤊ 0⤋
Take your mom aside,away from your younger brother and have a talk with her. Tell her how you feel and ask her to update her will if she is going to sell her house. If she loves you and there are no problems between the two of you,I think maybe she'll do the right thing so you are not left out in the end.
Good Luck!!
2007-03-20 22:36:07 · answer #4 · answered by ♥ღ♥Jeanene♥ღ♥ 6 · 0⤊ 0⤋
The only way to get rights over your mothers finances, is to get power of attorney.. which you would not be able to do as you have stated that she is of sound mind. If it is your mothers wishes to sell up and she is not being bullied into the idea of living with your brother then you should really respect her wishes. but i would also seek legal advice regarding the will and equal shares, if your brother is using the sale of your mothers house to purchace a larger property, which in my eyes is benefiting him as well as your mother. Good luck
2007-03-23 00:49:40 · answer #5 · answered by tinker33 2 · 0⤊ 0⤋
If that's what she wants there's nothing you can say or do legally. Whatever is in her will stands. She can have equal rigts on the house deeds she is planning to buy with your brother and you may find he could have to sell this new house to give you your share. Enjoy your mother while she is here without fretting about what in actual fact is her money and not your natural born right.
2007-03-20 21:37:58 · answer #6 · answered by heebygeeby 4 · 0⤊ 0⤋
I do not think you can ( INSIST)on anything. This is your mother's money to do with as she chooses. Sounds like you are more concerned with the money than your mother. Why don't you offer to let her live with you , but i have a feeling you do not want that. You first concern should be for your mothers well being and her wishes. If your brother is willing to care for her the rest of her life to best of his ability, then you should feel good about the fact she is cared for.
2007-03-20 21:36:16 · answer #7 · answered by shyone 3 · 2⤊ 1⤋
You cannot insist. Normally what is in the will is final. Since the will states you both split the proceeds, you are OK. However it is best that you start talking to your lawyer.
2007-03-20 21:32:48 · answer #8 · answered by AdultMale 4 · 0⤊ 0⤋
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2016-10-02 12:11:04 · answer #9 · answered by wyckoff 4 · 0⤊ 0⤋
your mother is very much alive and can decide what she wants to do with her property, beats living in a nursing home who would take most of her money any way
why don't you speak with your brother and see if you can decide with your mother what will happen to her money when she dies
will need to get a solicitor to sort things out
your mum might not want you to have anything yet have you upset her ?
2007-03-21 01:03:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋