parent's house?

Question

my brother is moving in my parents place. Me and my sister have been making contributions to support our parents every month for the past 18 years, and my brother only started doing it in the past couple of years.

It looks like my brother wanted to stay in the house and claim ownership of it after a while. My parents are fond of him and may transfer the house to his name.

What can I do to make sure we all get equal share? it's not a big house but it will be absolutely unfair to both of us. Can we make our parents draw up a will now?

Any comments are appreciated.

Answer 1

You can't make your parents draw up a will period - now or at any time. What they do with their property is their business - whether you see it as fair or not.

Answer 2

You can make your parents draw up a will now (they have to want to do it, you can't 'make' them by forcing them to) but the most important thing is that you explain to them how you feel. One thing you can stess is that if your brother gets the house and you perceive he has been moving to that point by taking up residence and essentially being a 'squatter', then you don't think it will be a good thing for sibling relationships and do they really want that kind of resentment created?
I'd stay away from the whole issue of fairness - what a parent thinks is fair about their assets is intensely personal and has nothing to do with dividing things evenly.
It really has more to do with your perception of your brother. Your brother may have started making his contributions to your parents support only in the past few years because he never felt capable of it before. I don't know why - but I do know that it's pretty unusual for kids to make contributions to their parents support in their old age anyway so congratulations to all three of you for being such wonderful offspring!
If your parents drew up a will this minute, that wouldn't mean that they couldn't change it sometime down the line. It also wouldn't prevent your brother contesting the will after they die.
The real task here is persuading your parents what they should do (divide the estate equally) and not do (give the house to your brother). That has to be approached very very carefully and you brother is likely to squawk about it once he gets wind of what's going on. You and your sister should think long and hard about how you want to talk to your parents....

Answer 3

You can't MAKE you parents do anything. You can certainly lovingly suggest that they have a will drawn up, to avoid lengthly probate costs, and to insure that their property is divided as they wish.

Keep in mind, though, that there's nothing that is preventing them from willing the house to your brother :-) It is their house, and they can do with it what they please, whether you think it is "fair" or not.

To get your concerns on the table, you are going to have to have a sit-down discussion with your parents, and it's not going to be easy. They might feel like you are "waiting for them to die" to get your money back, that you begrudge them the assistance you have given them . . . you know the drill. Regardless of the disposition of their property, they need a will -- it's just the responsible thing to do.

If you are worried about your brother grabbing the house out from under your nose, why not suggest that all of the children be added to the deed, with rights of survivorship? Check with a lawyer on the specific form. That way, all of you have to agree if there's an attempted change in the deed. (Expect some resistence to this idea -- after all, it's THEIR house, why should they give it to you NOW?)

Answer 4

You can get them to draw up a will now, however, if they decide at a later date to sign the house over to your brother, then there is nothing you can do about it.

Assuming your parents are of sound mind, then they can bequeath the house to whomever they want.

If on the other hand, you can prove them to not be of sound mind (which would be very hard to prove that two people) or if you could prove that they were coersed or threatened into doing it, then you may have a case.

Answer 5

While you may feel you deserve a share of the house, it is your parents' decision, not yours. Your parents may feel that your brother needs to be given extra support.

It would be a big mistake on your part to try to dictate the terms of the will. Just be glad that you have been able to help support your parents. They deserve better than children who are only interested in getting their share of the estate.

(Anyway, if your parents die without a will, the 3 children would share equally in the estate.)

Answer 6

why sign over to your brother and not you all get something in writting to say if he sells the house at the market value you should split it three ways it would be unfair for you to force your parents to make a will but chat to them to suggest this if there is a fall out between you and them you could end up with nothing then your bro gets the lot dont get angry get even with your bro and do it the right way good luck

Answer 7

You can never force any one to draw a will, nor can you force them to place in said will terms which please you.

You can only speak with your parents with your concerns, telling them courteously that you would like to see them handle this situation in a manner equitable to all.

Frankly, if your parents are that lop-sided toward your brother and don't see the validity of your issue, I'd stop those monthly stipends in short order. If they give this house to your brother, let HIM take out an equity loan to handle their support. He's the one getting the financial benefit here.

Answer 8

The question of who gets the house is down to your parents , not anyone else.

Yes by the sound of it , being unfair , but whould think your parents have allready sorted the matter out

Answer 9

you cant make anyone sign up a will. but you can talk to them about your worries, and hopefully they can reassure you, but are you not contributing out of the goodness of your heart, and the fact that you are making your parents lives easier, not the financial benefit after there deaths

Answer 10

You can't make your parents do anything, unless your name is on the title deeds or mortgage.