Sale of family home after probate had been granted,but one son refuses to move out of home.

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Cathriona

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Mother died leaving her house to be sold and residue to be devided among her children after all bills have been paid. One son refuses to leave the family home he has lived there for 8 years and in his 50's
 
Why is he refusing to go? Does he have somewhere to go. Does he really have to go. Can he buy his siblings out. If he won't go than a solicitor and ultimately the courts is the route to take. Costly ! How about a family friendly pow wow on it, and helping him to leave by finding him somewhere.
 
Thank you for your prompt reply, this man has a drink problem and has squandered over a million euro. No he has nowhere else to go lives on the state and will not co-operate or speak to the rest of the family. He also gave our mother a very difficult time for the last few years of her life in her home.
 
That's a very sad situation. You need a solicitor if you can't resolve it amicable. Your brother will just play silly buggers I'd imagine otherwise. Be prepared to wait though.
 
First step is the executors need to talk to the solicitor. If the will is airtight he is on a loser.
 
What do the rest of the family want to do?

I've seen some cases where half the family want to realise their value and the other half don't want any aggravation, even if that means the "stay in the house" staying permanently in the house.

Is it possible that his share of the sale of the house, if it happened, would enable him to buy elsewhere? Even if that was with help from other members of the family?

Are the family willing to seek a Court Order evicting him from the house? And going as far as having the Sheriff forcibly removing him?

If not, and if the sale cannot be achieved by peaceful means, then it is a matter of waiting it out. Eventually, many years into the future, the house will probably become derelict and Lord alone knows what will become of the incumbent.

mf
 
Cathriona said:
Thank you for your prompt reply, this man has a drink problem and has squandered over a million euro. No he has nowhere else to go lives on the state and will not co-operate or speak to the rest of the family. He also gave our mother a very difficult time for the last few years of her life in her home.
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Cathriona,
Sorry for the place you're all in and ye probably don't want to throw him out on the street, even though he more than likely deserves it. What's his health like, has he anyone calling to him, would he accept help with his problem? The drink and gambling is a huge Irish problem, most families have members racked over it and it's getting no better, worse if you ask me. If he keeps at it with no intervention he'll suffer and probably die. That might sound awful, but that's it. Not really an answer to your problem, but in another rather brutal way. it is. Our own family were in similar circumstances, got the person into a hospital where he passed away. He had nobody in his life, lost the love and kinship of all of us and his inheritance inadvertently became ours. That probably comes across as selfish and all the other words, etc, one can think of, but in our time we did what we thought was everything to help, to no use. I guess that's life, in all its guises.
 
Have you investigated whether he might be entitled to state housing- if he has somewhere to go to, this might help matters along.
 
He will be unlikely to be approved for "state housing" as he already has a home. Unless and until he is out on the street, he will not get on a local authority housing list, when he will be flagged as in need of emergency housing in a B&B. "State Housing" these days usually means finding suitable private accommodation and having the LA pay the landlord via HAP.
 
Not true, he doesn't own a home and even when living in a house, you can and will get accepted on the local authority housing list. The priority of that will be the issue. It will depend on the local authority involved how far down the list he may be.
 
Cathriona
You ahould attend a few meeting of Al Anon to get an understanding of your brothers illness if you have not already done do.This is probably worse than cancer.Legally it will take years to have him removed but try Al Anon as a last effort.
 
This is a common enough situation and it calls for tough action. He has two options. Agree to the sale andget his share which should help him get accommodation or let it go to court where he will lose and in all likelihood be responsible for legal costs thus eating more into his inheritance. Any talk of Al Anon etc at this point is a waste. He has made his bed.
 
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