WA Inheriting a shared property

[Sarah Edwards]

Hi,
9 years ago my husband and I built a new house with a granny flat for his parents. They contributed $180k flat to the build, which was $525k. Additional costs for landscaping, driveway etc were all borne by myself and my husband. Both his parents have since died and as the ownership is set up as myself and my husband as joints tenants, tenants in common with his parents as joint tenants, probate now needs to be completed.
My husband's brother is the executor of the will the they are both named 50/50 beneficiaries.
My husband's brother led my husband to believe that we somehow now owe him money, either by refinancing our house to purchase his $90k share or selling our own to pay him out.
I'm pretty sure this isn't the case but want to be sure before I say anything.
We are not in a position to do either of these and as he is a minor shareholder, he cannot force us. Is that correct?
Also, if we were to refinance to buy him out, is it fair that we deduct interest we would be paying from the benefit he would receive?
Thanks

 

[Rod]

Is that correct?

Probably not. It is possible the brother can apply to a court to have the property sold. I'd not be upsetting the brother.

What portions as tenants in common?

if we were to refinance to buy him out, is it fair that we deduct interest we would be paying from the benefit he would receive?

No. Not entirely sure of your logic here and why his benefit would be reduced because you need to borrow money. Has the property gone up in value? If yes, his portion may be worth more than $90K. Suggest you play nice.

 

[AllForHer]

This question would be better asked in the Wills and Estate Planning forum, rather than the Family Law forum.