50-50 willed house to me and Bro, but who owns Train collection ?

[Antx777]

A slightly better situation than being moved but still probably very distressing for your Brother. In my mind I'd say sod them, take it for his topup fees and whatever else he needs and tell your siblings it's to cover the loss of income from the money they've decided would be better spent on holidays. Stick it in a separate bank account earmarked for him so they can't come back and accuse you of spending it on yourself.

thanks.

Like i said, my two sisters wouldn’t know (or mind to be honest if it was going to Relief top up fees they should pay) by selling the model railway stuff for my brothers home. I always think what my mam and dad would do in this situation and they would definitely put my disabled brother first.

Man, I'm glad none of us are like this in my family. Makes me mad. It all seems a bit of a mess really.

Yes, its a Mixed bag really, my brother very much with monetary gain in mind, my next elder sister who’s good but not lots of money with two grand children, my eldest (holiday-cruiser!) who’s got the money BUT her husband ( and my other sisters husband ) are against giving me any top-up fees as they think they’re giving it me - not the home. ..... confused ‍

 

[Puzzled]

Well its difficult really, he’s got his own house (so do my two sisters) and he feels no need to rent/move none in etc, but he was in trouble financing maintenance his daughter years ago(he’s a single father) and told me he could “force a sale”? Not sure

Not a great position to be in, are you looking to buy his share?

With the trains I'd say sell and ring fence the money for your brothers care with everyone maintaining the £20 pay in to make it last longer. Considering they were meant for him I'd buy him a gift but I don't know his condition so that's up to you.

 

[dowie]

The easiest and fairest way to do it is through sealed bids. One person pays what they value it at and the their person gets more than they feel the value is.

I don't think either actually wants it, they want the proceeds from selling it

I don't think that is fair either as where does the mentally disabled brother stand in all of this?

 

[dowie]

Well then just sell it and split the money. The disabled person should have someone representing their interests if they don’t have the capacity to deal with their affairs.

Surely if the intention was to leave it to the disabled brother it shouldn't be split.

 

[Antx777]

Not a great position to be in, are you looking to buy his share?

With the trains I'd say sell and ring fence the money for your brothers care with everyone maintaining the £20 pay in to make it last longer. Considering they were meant for him I'd buy him a gift but I don't know his condition so that's up to you.

No, not looking to buy his share. I’m happy with that since that was the wil my father made out. I’d ike a smaller bungalow though now, as its a big house for one man , but he wont let me move as he’s got 50% of the house, and 50% wouldn’t be enough to fund a new/smaller house. Thanks for other consideration MM

EDIT: I suppose i could give him 50% of the train-sets sale, then ask him to pay top-up fees with it!

 

[deuse]

(they were initially for my disabled brother who HE then cared for)

It's all his. You can't take a present back.

 

[Hades]

Regardless of the will you know it was your fathers wish that it was left to the disabled brother. It should go to him as per your fathers wishes. If they were worth very little then no-one would care. It's only because they are worth some money that it's become an issue.

From a legal standpoint I would expect that if solicitors were involved they would advise it is split between all remaining children (so sell it all and split the money). But involving solicitors will only eat up more money than the train set is worth. It doesn't seem to be a case of favouritism where he has arbitrarily just left one child more than the others; he's obviously done it simply because your disabled brother has been disadvantaged. So the decent thing to do would be for all of you to agree to fulfill your fathers wishes and give it to your disabled brother.

To do anything else would be disrespectful to your late father.

 

[Trusty]

Thanks.
But if i sold them to a collector, (thanks trusty) could i put the money towards my brother who’s in a care home? For expenses? (New chair, TV for his Bedroom etc) My younger brother disagrees with this but thought THAT would be fair.


Thnaks.

Yes, that would be a brilliant thing to do for him.

Get them valued properly, make sure you do this, I know from following auctions for a long time, some of that Hornby stuff is valuable, I'm not sure of the other makes, but if they are German, they will be engineered beautiful and definitely worth a bob. You don't wanna sell something on Ebay for a £1000, only to find out that it was worth £2000.

If he's willing to give you a slice of the action for going through with the hassle of getting them valued and sold, that seems very reasonable, and pretty much spot on.

 

[KiNgPiN83]

The thing is if the trains were worth sod all they wouldnt be interested and your brother could still enjoy them. (If he wanted to) They are only interested as they are worth something and seemingly want to profit from it! It should be up to your brother what he wants to do with them. If he wants to sell them and split the money with everyone fair enough. He shouldnt be forced...

For example when my grandad died, i got all of his fishing stuff. We used to go fishing loads and loads when i was younger even though he took some of the other cousins etc too i guess i got it as i went the most? I dont believe it was in his will i just got told after he died that it was all mine.

 

[Antx777]

(they were initially for my disabled brother who HE then cared for)

It's all his. You can't take a present back.

Thanks deuse. True actually. We’ve still got the old shed down the garden were the 5 lane train layouts were construed over the yeas (decades even) and my father used to be

Regardless of the will you know it was your fathers wish that it was left to the disabled brother. It should go to him as per your fathers wishes. If they were worth very little then no-one would care. It's only because they are worth some money that it's become an issue.

From a legal standpoint I would expect that if solicitors were involved they would advise it is split between all remaining children (so sell it all and split the money). But involving solicitors will only eat up more money than the train set is worth. It doesn't seem to be a case of favouritism where he has arbitrarily just left one child more than the others; he's obviously done it simply because your disabled brother has been disadvantaged. So the decent thing to do would be for all of you to agree to fulfill your fathers wishes and give it to your disabled brother.

“”””””””If they were worth very little then no-one would care. It's only because they are worth some money that it's become an issue.”” y

To do anything else would be disrespectful to your late father.

Yep bang on about the value of the items.




Thanks deuse well put.

 

[Trusty]

Sell the train stuff to fund your disabled brothers housing costs, if your younger brother is only coughing up £20 a week, even after the inheritance, why the hell would he think he's entitled to half of a train set. Jesus I'm so glad I'm an only child.

Bad init, sounds like a cretin. No offence OP.

 

[Antx777]

Yes, that would be a brilliant thing to do for him.

Get them valued properly, make sure you do this, I know from following auctions for a long time, some of that Hornby stuff is valuable, I'm not sure of the other makes, but if they are German, they will be engineered beautiful and definitely worth a bob. You don't wanna sell something on Ebay for a £1000, only to find out that it was worth £2000.

If he's willing to give you a slice of the action for going through with the hassle of getting them valued and sold, that seems very reasonable, and pretty much spot on.

yes, we’re taking some £850 for some trains https://www.wrennspecialist.co.uk/0...wrenn-w2278a-blue-funnel-sr-green-1988-vrare/ and there are dozens. And coaches, track, and these old minic-motorway cars (anyone remember them?

 

[Trusty]

Nice..

Funky stuff them old train sets.

 

[Antx777]

Bad init, sounds like a cretin. No offence OP.

Actually trusty, i hear its unlawful to do anything like pay top-up fees from my disabled brothers money. It’s has to come from third party ie: me and my 3 siblings, so in effect, the sale of my brothers railway items to pay for top-up fees would be unlawful.

 

[Skiddley]

they were initially for my disabled brother

Are you suggesting, this changed?

If not, I would assume they belong to your Brother, and merely stored in the property split 50/50.

 

[dowie]

Shouldn’t be split if it can be proven and was correctly recorded. Intention doesn’t matter if it’s not correctly noted, though.

From the OP we don’t know if that was actually the intention - eg. was it just for him to play with but was always the father’s stuff because it was so pricey etc - then there’s nothing mentioned about dividing the stuff in the house... just that I was 50/50.

There have been cases were a father intended for his kids to basically inherit everything, but for his wife (not their mother) to have it all in the meantime and have a good life... on the expectation she’d then leave it to the aforementioned kids. That intention didn’t matter, legally speaking.

Fair enough but morally, it would seem like a **** move if they know it was supposed to go to the disabled brother but instead they flog the lot, split it 50/50 between themselves and don't tell the two sisters who might also have a claim too.

 

[Antx777]

It was a hobby of my father and brothers actually. My father setting it up (or building it over the years ) with my brother watching him (and train videos) in the olden days (talking of periods from 1970-2005 or thereabouts off-on) they had a close bond my brother and my father.

My disabled brother (and also mentally handicapped), when younger could understand more and converse and operate the trains, He can’t/ couldn’t do that now. However, even in the nursing home I take him train books and old relics that give him
Memories of old.

Thanks.

 

[Efour]

Terrible human being detected.

 

[dowie]

lolmorals when it comes to wills. One of the first things all people who read law learn is about all the cluster**** wills/post-death plans there have been. A scary proportion of people reveal themselves as ****s when money's involved.

As was shown in the relative mainstream when that Gerry Robinson bloke did a programme about wills... called something like 'you can't take it with you', where basically different families were trying to talk about what the parents should put in their wills. Everyone always kicked off because everyone has their own conception of fairness... so obviously there were always wildly different positions held by different interested parties.

Yeah I guess so, I mean in this case (and I realise it isn't the subject of the thread/I don't want to sound too judgemental without knowing the full facts) but is seems a bit odd that only the OP and one of his brother get to split the house between them, the two sisters and the disabled brother don't. And the OP himself is benefiting from the asset while the other brother who is supposed to have a 50% stake in it seemingly isn't getting either rent or the house sold and the proceeds split.

I don't doubt stuff like that gets messy, I guess perhaps the sisters who only contribute 20 a month instead of 40 to the care of the disabled brother might think re: the OP "well he did get half a house left to him, surely he can pay more" etc..

 

[trigg_27]

From a legal standpoint, ownership would depend to a large extent on how the will was worded. If it only mentioned explicit items, any other goods would go to the next of kin. However, the will might have included an "all other chattels" clause, in which case the railway set would need to be disposed of in accordance with those wishes.