0 Followers
Hello.
I am looking for some advice. My mother has passed away. She had a half share in a house with my brother. (Tennant's in common). My brother had a mortgage on his half . my brother used my mother as a guarantor for his loan/ mortgage on his half. My mother owned her half. Now my mother has passed away he is saying that he wants half of my mothers estate because she was his guarantor for his mortgage? Any advice would be helpfu l. Thank u
Responses
Hi Greg,
What did her Will say? This will outline what your mother intended for her estate.
If no Will, there are laws in each state for what the distribution of her estate is to be.
It’s not something that you or your bother can just decide by yourselves.
You should be speaking to a lawyer to help you through the estate process.
Regards
James
Hi. Thank u for your reply. My mother had a will it stated that her estate be divided equal shares. But my brother is wanting half my mother's estate because she was guarantor to his mortgage .plus he is wanting his share as per the will. I am think he is only entitled to His share as per the will. Thanks again for your reply .
If someone agrees to guarantor a persons loan, it does not mean the person they guarantor
then owns half of the guarantors estate or does it.
Hi Greg,
From the looks of what you have said I’d say your brother is entitled to the half of the house that he owned (it was his anway) as well as half of whatever else your mother owned.
When it comes to the house that means he gets half of your mother’s interst in the house, on top of the half he already owned. So in the end your brother would own 75% of the house.
Again, I’d encourage you to be speaking to a lawyer.
Regards
James
Sorry. But I disagree. My brother did not own his half . he borrowed money for his half and had to use my mother as guarantor for his loan . my mother paid full for her 50%. Thanks again for your help . regards
Hi Greg,
I borrowed money to buy my house, I have a debt to the bank but it’s still my house.
How your brother paid for his half of the house has nothing to do with it. If he owns half of the house with a debt against it, it’s still his half of the house. The issue of your mother being guarantor is an issue between your bother and the bank - the bank may look to amend the terms of the loan now that your mother is no longer here to be guarantor but it doesn’t mean your brother doesn’t own his half of the house.
Your mother owned half of the house. If her will says her estate is to be split evenly between yourself and your bother, your brother is entitled to half of her share of the house.
Sorry to be the one telling you what you don’t want to hear.
If you believe otherwise, employ a good lawyer to fight for you.
Regards
James
Hi James.
I might have not explained it clearly . yes I know my brother half is his .that I agree on . what my brother is saying because my mother went guarantor for his mortgage he wants half of my mothers half .then half of the half left. Meaning on a 600,000 say house . his half is 300 then he wants 150,000 of my mothers money because my mother was his guarantor. Then the 150,000 then split equally as per the will. So he want 300+150+75. Being 525,000. My understanding is he gets his half being 300,000 then half of my mother's 300,000 being 150,000. So he gets 450,000 and I get 150,000. I hope I have explained it better this time . thanks again . regards greg
Other thing he did was when my mother passed away and the house was going to be sold he withdrew 50,000 out of his mortgage with the knowledge that the mortgage has to paid out first when the house was sold.