Soldato
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Jesus. Why would you not split it with your brother?
50-50 willed house to me and Bro, but who owns Train collection ?
- Thread starter Antx777
- Start date
Jesus. Why would you not split it with your brother?
Caporegime
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I don't know, but I'm not Jesus
As the trains will form part of your father's estate then it is quite likely that they too would need to be split between all family members if there is no will present. Just because they are in the house doesn't mean they are part of the house so I don't think the 50/50 split on the house matters in this case.
Indeed, it seems like morally they should be sold and the proceeds used for the disabled brother as per the father wishes (whether that be paying for his better room in the home or buying some nice things for it etc..) but legally it seems like it should be a 5 way split including the sisters who are apparently not even aware of the existence of the train stuff.
Soldato
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Sell the trains, get a receipt and use the money to pay for your brother's care for the the next few years. Don't get into a debate, don't consult your family. After you have the proceeds tell everyone there is a payment holiday after which you will all revert to paying an equal shares on a set date when the money is depleted. Tell your younger brother to grow up, he has inherited half a house through no effort of his own, to begin quibbling about a couple of grand when your other brother needs full time care is missing a much bigger picture. He needs to be thankful for what he already has.
Just my 2 cents.
Just my 2 cents.
Soldato
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I would argue that they were gifted to the disabled brother at point of purchase and are in fact his property.
Thanks RDM
If by law, the train collection counts as the “estate” though not mentioned in his will, and that it should be split between all family members, then I’m happy with that. But where does that leave : The grandfather clock? China cabinet? ,bone china, plates, ...garden tools even! None which i brought (though I did give my father 10% towards an expensive grand piano costing many thousands which is still in the house).
Thanks.
Depending on the value of the trains, the brother in care having savings can cause issues with amount of support he currently receives and the way it is funded. Could well end up with it being taken anyway and some paperwork hassle.
Getting family to take on equal responsibility for a family member in need is tricky, it shouldn't be but I know for myself how hard it is to get some family members to pull their finger out. It would be nice if the proceeds from the sale went to help your brother in some way but until you know the value you can't really work out how to do that.
Well why should they be any different for a start?
If you've paid for the piano then that is one thing but the contents of the house ought to be sorted out between you all.
I had financial assessment before he went in the home. Anything BELOW £23,250 (may have changed now dont know) means he doesn’t have to pay anything at all, and the house isn’t taken into consideration. It was below this amount. Anything above this means he would have to pay full costs until the monies goes below this £23,250.
The main thing is, are you sure everything in the house wasn't included in the will? I struggle to believe that a competent solicitor would only think about the house and not expensive contents... given it's the sort of house that has space for a grand piano, for example.
Yea lol. It’s not that big actually, it just fits well in my front room. Wasn’t mentioned in the will, but solicitor did ask what its worth, and he agreed it should be mine (I’m the only one who plays it) all family were present at this time.
Soldato
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In which case do as I suggested and use the proceeds to fund your joint liability to top up his care by the £2k per year. I think that if you get into a drawn out discussion it will end badly as you will have to entertain the opinions of 4/5 people which will inevitably differ. By taking an executive decision which is equally distributing the asset through the settlement of a joint liability you are not depriving anyone.
Thanks speedfreak will take that on board. I dare not mention to my family the fact that care home charges do (and will increase) and top-up fees are part of this. I definitely wont get any more out of them. I mentioned £20 that they give, but this is an effort and have to *<beg> sometimes.
* more-or less <>
Thanks.
Seconded.....why even consider any other option!!
Your brother is wrong that he's entitled to 50% of the trains. It seems that it was the house that was specifically split 50 / 50 - the trains would be treated as any of the other non-property possessions or assets.
The fact that the trains were intended for your disabled brother is also irrelevant, given that the will was made just a few months before death and no consideration was given to them.
Battling the family, or not, together with the subsequent outcomes over something that isn't specified in the will is your call. If it gets legal in anyway, the value of the trains will soon be superseded by the legal fees.
The fact that the trains were intended for your disabled brother is also irrelevant, given that the will was made just a few months before death and no consideration was given to them.
Battling the family, or not, together with the subsequent outcomes over something that isn't specified in the will is your call. If it gets legal in anyway, the value of the trains will soon be superseded by the legal fees.
well that is wrong, what about the other siblings?
You mean what was in the house at the time the will was made? As Since’ the will was made, some things have come - and gone. I spent £6,500 on a special needs shower for my brother last year for my/our house - out my own money.
thanks.
Holy moral compass. Who steals from an orphaned disabled person with nothing. Buy your brother a mirror as he need to take a long hard look into it.
If he's so inclined to be such a "nice person" then steal the train set and claim you don't know where it is. Doesn't sound like him not talking to you again would be much of a loss.
If he's so inclined to be such a "nice person" then steal the train set and claim you don't know where it is. Doesn't sound like him not talking to you again would be much of a loss.