You can't micro manage what will happen after your death.Any thoughts on such an arrangement?
Indeed - but he is still an adult and is allowed make his own choices, even if we don't agree with them.John has some history of not being able to manage his life well (periods of not working, sleeping in his car, missing rent/car tax etc.) so there is a valid concern.
The mother of a friend of mine did this sort of thing and years later it's still causing problems for and conflict within the family (of 10 siblings) and created no end of problems for the ones who had to act as executors.Ensuring that there's ALWAYS a roof over John's head is her primary concern
she's updating the will and this is what she wants to do.
You can best help her by advising her strongly not to do this.I'm in the process of helping an 80 year old lady update her Will.
The rent for one of those rooms? Is she trying to dictate that, if let out, the house must be rented out room by room, and not as an entire dwelling? Why? And what happens to the rest of rent — divided six ways between the six kids, or five ways between the five kids who aren't John?She wants to give John a Life Interest in the rental property so that he will always have the option of a roof over his head . . .The lady intends that John would receive the rent for one of those rooms if he was not availing of his interest (i.e. he stayed working and renting in the other city).
The rental situation for several years has involved (rightly or wrongly) the house being rented out room by room and not as an entire dwelling. Its generally let to post-grad students on different timelines as they were probably more responsible tenants then undergrads. She is reluctant to rent the entire dwelling especially to a family in case they didn't pay and wouldn't move out. Her theory for John was that he'd get a quarter (as its a four bedroom house) of the net rent if he wasn't living there as a contribution to his rent elsewhere. The remaining rent would be divided between the other five sons as some form of benefit of owning the house but not being able to sell it while John had the Life Interest.The rent for one of those rooms? Is she trying to dictate that, if let out, the house must be rented out room by room, and not as an entire dwelling? Why? And what happens to the rest of rent — divided six ways between the six kids, or five ways between the five kids who aren't John?
That could work.I sugest that the most she should do is leave the house to the six kids, subject to a right of residence for John. She can express a non-binding wish that if John does not exercise his right of residence then the house should be let out and that she would like the other family members to give John a 25% share of the net rent to assist him with housing himself elsewhere.
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