+1 |
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My mom's will gives her boyfriend one year to figure it out before I can sell (I'm the executor).
She and I agreed that was fair. He's a good guy. |
+1. If he has the finances, the personality type of someone like this (55/still at home) is that he will pay the market rate and stay there. He doesn't sound like he's good with change. Just have the convo while dad is alive. It is a lot less depressing and anxiety producing than after. |
| I went through this but it was a lazy grandchild that lived with my Dad. I gave him 60 days to move out. I notified him officially that he had to be out by X date. That created some tension because I went the legal route. I wanted to give my nephew time to find his own place but I also wanted to let him know I was very serious that he needed to be out. No more freeloading off Grandpa. |
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You may want to ask this question again in the real estate forum, OP. Setting aside the question of what's in the will, etc., there may be local and state real estate laws that apply. Your sibling might have tenant rights of some kind.
Agree with the pps that the best thing to do is for you to have upfront conversations with your sibling and parent about what will happen. That's just sooooo much better than leaving you in the position of having to be the bad guy. |
Op |
Have you all talked about this? Are you certain they all want it sold immediately? Is hard to think about, but is your father in any condition to have a conversation with your brother about this plan? |
This. Presumably all your siblings know you are the executor. Honestly, it’s better to have these conversations before someone dies. They’re uncomfortable and unpleasant, so many people don’t which often makes everything more difficult when someone dies. |
| If the child living in the home did all the care taking, that is far from lazy and they should get at least a year, if not keep the house. Otherwise, you should have stepped up to help. |
| What's the hurry. Give at least two years. Then sell and divvy up the money. You all are like ghouls. |
| If he's been taking care of your father, he should get the house! |
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OP here, yes the Will divides the house equally to the 4 kids. This older brother has plenty of money to buy his own home although he'd never want to actually buy this family home. To big and probably to expensive for him.
Although he lives with my dad still, he's far from a care giver. If anything he does little to help. I do more and I live miles away. I don't think my 3 other siblings we be money hungry but I think there's a certain amount of frustration that this brother has been living almost scott free in this house for 55 years while the rest of us pay mortgages and property taxes like most adults. I'm guessing the others will want him out fairly soon after my dads passing. There's a ton of work and cleanup to get the house ready to sell and of course it all falls on me to take care of. At this point I'm thinking of giving him 3 months to move out. As for talking to him about future plans, that makes sense but I know it won't go over well. |
| If you and your siblings can’t reach an agreement on your own, you should get legal advice specific to your area before you proceed. Chances are your brother will have some rights as a tenant and you won’t want to make mistakes because they can be costly to everyone. |
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Is it possible your brother has a social/psychological challenge that has prevented him from "living a normal life," which, in our society includes the process of separating from parents geographically to some extent, wanting to be "out on one's own," living with friends and/or significant other, etc. Of course, in our society, it's just so extremely rare (and, to me, of some concern) if an adult, especially by age 55, has never wanted to move away from home and such, if he hasthe practical resources to do so (except in situations of need or perceived need to care for someone remaining at home, poverty, etc.--which, as you mentioned, doesn't seem to be the case here).
I wonder if that--a social or psychological difficulty your brother may be experiencing---is something you and your other siblings might want to consider/look into (if that's even a remote possibility)? |
If he lives with him, he is doing a heck of a lot,even if he doesn’t bring your father to the doctor and such. |