Inheritance question.

Maundie · 13 Mar 2019 at 13:36

Orionaut said:
Dont complicate the issue.

But the issue is complicated, as if Bob doesn't want to sell and Alice wants to and neither can agree then court is the likely outcome, what both Bob and Alice need to realise is court/solicitor costs will take take up most of the house sale as well.

Orionaut · 13 Mar 2019 at 13:51

h4rm0ny said:
Actually, my immediate response to this question is to ask if they have a neighbor called Eve who listens through the walls.

No, But I can hear Eve whispering through the walls, especially at night! Even though I dont have a neighbor called Eve!

Psycho Sonny · 13 Mar 2019 at 13:55

Orionaut said:
Alice and Bob have inherited a family home between them.

Alice lives there currently but wishes to sell and move.

Bob lives some distance away, but wants to let out part of the property to provide an income.

Can Alice insist that the house is sold?

Can Bob prevent Alice from selling?

They both have an equal share therefore equal rights.

One cannot insist the other sell. It's best they come to an agreement. If they can't it will go to court and cost both of them so much money they would both end up losing out.

The right thing to do would be to sell and move on. Selling the stake to the other party would be the easiest solution however if that can't be done then put on market and they both take 50% of what it sold for.

IMO Bob is being a **** here. He should sell so they can both move on. If he wants rental income invest his half of the sale into a flat.

Scam · 13 Mar 2019 at 14:05

^What he said. If Bob wants rental income he has to either buy the other 50% out (with/without mortgage) - or accept the sale and invest the same money into another property. Sounds like Bob has googled the rental income from the house and is being greedy by assuming he'd get that by not doing anything at all, conveniently forgetting he only owns 50% of the asset.

arknor · 13 Mar 2019 at 14:23

why doesnt bob just sell the house and buy somewhere else to rent out

Rroff · 13 Mar 2019 at 14:28

Maundie said:
But the issue is complicated, as if Bob doesn't want to sell and Alice wants to and neither can agree then court is the likely outcome, what both Bob and Alice need to realise is court/solicitor costs will take take up most of the house sale as well.

Usually in these cases it is the person still living there that doesn't want to sell - regardless it will likely come down to a protracted and expensive stalemate legally but if Alice can demonstrate that not selling while being the occupier in any way results in a hardship eventually it would likely go to her favour.

Pipe & Slippers · 13 Mar 2019 at 14:31

Orionaut said:
This isnt really a question looking for possible solutions. Rather a simple question as to whose wishes are given greater weight in the event of a hostile situation.

Perhaps using an inheritance scenario was the wrong vehicle

Whatever, once the courts get involved

it'll cost buckets of cash
the particular circumstances of the parties will be taken into account, which will be different for each scenario

touch · 13 Mar 2019 at 16:10

Orionaut said:
No, But I BOB can hear Eve whispering through the walls, especially at night! Even though I BOB dont have a neighbor called Eve!

Fixed for you

Orionaut · 13 Mar 2019 at 16:47

touch said:
Fixed for you

Actually, in this particular scenario, I am actually Alice. (Or I "identify" as Alice, or whatever one is supposed to do these days! :/// )

The "Voices in my head " thing is another issue altogether.

(I will post a thread on this in due course)

As far as My Alice's/Bobs scenario is concerned. I think we have a resolution...

Thank-you for all your collective help!

(Interweb isnt always bad! :cool:

)

touch · 13 Mar 2019 at 16:51

Orionaut said:
I will post a thread on this in due course

A thread about identifying as Alice or a thread about selling your house? Or both?

Orionaut · 13 Mar 2019 at 17:07

touch said:
A thread about identifying as Alice or a thread about selling your house? Or both?

No, a thread about the voices in my head!

No really, this is really quite serious. I had this back in Jan. Scared the crap out of me! But no, I am not going psychotic, apparently it is actually very common indeed, so much so that most people experience it (Like 40% of the general population) without actually realsisng that they have.

You are only psychotic if you take it seriously and do not appreciate that it is a hallucination (Quack used the phrase "Insight" IE the fact that I knew something was FUBAR meant that "I" wasn't! IYSWIM!

)

LuckyBenski · 13 Mar 2019 at 18:16

This is very similar to a situation I am finding myself in

I nearly showed my girlfriend for a laugh then the similarity got too real!

Semple · 13 Mar 2019 at 18:23

Orionaut said:
Actually, in this particular scenario, I am actually Alice. (Or I "identify" as Alice, or whatever one is supposed to do these days! :/// )

I think in your example you should have swapped Bob and Alice around

TonTom · 13 Mar 2019 at 18:49

Rroff said:
Usually in these cases it is the person still living there that doesn't want to sell - regardless it will likely come down to a protracted and expensive stalemate legally but if Alice can demonstrate that not selling while being the occupier in any way results in a hardship eventually it would likely go to her favour.

Absolute rubbish. Alice if she wanted to stay in the property (in this case she doesn’t) would not be able to hold Bob’s share to ransom. If it went through court she would either have to buy him out or sell.

Rroff · 13 Mar 2019 at 19:37

TonTom said:
Absolute rubbish. Alice if she wanted to stay in the property (in this case she doesn’t) would not be able to hold Bob’s share to ransom. If it went through court she would either have to buy him out or sell.

What is rubbish about it? the court won't in the first hand force a sale in most cases - if someone wants to be difficult they can drag it out for a long time in court - if someone who is in occupancy can give a strong enough case they won't hurry to force selling the house.

Mercutio · 13 Mar 2019 at 19:48

While we're here - rather than raising a new inheritance thread

(as this one seems mostly answered. I'll take the hint immediately if it's a problem).

So Mike has 3 siblings. Mike passes away. 1 of the siblings (female as... it sometimes matters for blood relations) later also passes away.
When Mikes estate is being sorted out, without a will so basic probate, does the deceased sister's husband at the time she passed also get an automatic cut in?

I'd assume that as she was alive at the point Mike passed, she inherits her share, as his sister. This would then be split according to her will or passed by rules of probate to her spouse?
Just curious if there's a gotcha for the spouse, as the sisters estate was already considered wrapped up (I can't see there being any other reason he wouldn't get rights to a share).

For the record, I'm not the husband of the deceased sister (as it might be considered a bit dickish to demand a share in the above circumstances if I was).

Werewolf · 13 Mar 2019 at 20:12

Mercutio said:
While we're here - rather than raising a new inheritance thread (as this one seems mostly answered. I'll take the hint immediately if it's a problem).

So Mike has 3 siblings. Mike passes away. 1 of the siblings (female as... it sometimes matters for blood relations) later also passes away.
When Mikes estate is being sorted out, without a will so basic probate, does the deceased sister's husband at the time she passed also get an automatic cut in?

I'd assume that as she was alive at the point Mike passed, she inherits her share, as his sister. This would then be split according to her will or passed by rules of probate to her spouse?
Just curious if there's a gotcha for the spouse, as the sisters estate was already considered wrapped up (I can't see there being any other reason he wouldn't get rights to a share).

For the record, I'm not the husband of the deceased sister (as it might be considered a bit dickish to demand a share in the above circumstances if I was).

I suspect the husband of the sister would get her share as she didn't predecease Mike so it would be passed on as part of her estate and dealt with in accordance to her will/no will (which would be husband, children etc).

I'm currently sorting out my will (I don't expect to die soon but better safe than sorry

), and the wording is something like it only changes the way the estate is handled if one or all of my primary inheritors dies first.

Mercutio · 13 Mar 2019 at 20:14

Werewolf said:
I suspect the husband of the sister would get her share as she didn't predecease Mike so it would be passed on as part of her estate and dealt with in accordance to her will/no will (which would be husband, children etc).

I'm currently sorting out my will (I don't expect to die soon but better safe than sorry), and the wording is something like it only changes the way the estate is handled if one or all of my primary inheritors dies first.

Cool, that's about how I figured it would shake out. Appreciate the input

Django x2 · 13 Mar 2019 at 20:57

Bob should have killed Alice prior to receiving the inheritance.

Werewolf · 13 Mar 2019 at 21:52

Mercutio said:
Cool, that's about how I figured it would shake out. Appreciate the input

I will note I'm not a lawyer, so that's just my understanding from having looked at a couple of wills, and noting the use of the "predceased" in regards to how it changes who inherits.

It's entirely possible that the will was worded so it could only go to Mike's sister in person and not her estate if she died whilst it was being sorted.