Real Life MMD: Should my brother get his share of Mum's will?

pinkystan

Biggles wrote: »

Exactly. The £5,000 is her money, too, and is part of the estate.

Are you referring to the OP as 'her'? In which case no, it's not 'her' money at all, her mother isn't dead yet.

Jen_Jen1985

Yours mums not dead, its her money let her sort things out.

as a side note my friend and her sister had a similar situation. My friends sister had borrowed a large amount of money from thgeir mum and never paid it back. When their mum died she had no will so the estate was devided between my friend and her sister. My friend knew of the loan but never questioned it with her sister, prefering to let it be. My friend and her partner cleared her mums house (she was a hoarder) and her sister came to visit once to help, she was always phoning my friend saying they needed to hurry up and clear the house as she needed the money from the sale.
I think karma worked its way back to her because several years later their aunt died. Having no children of her own she left all her money to her nieces and nephews. In the will my friend had the biggest share in the family and her sister was to only one to recieve nothing. She then went on to blame my friend for this and they haven't spoken since.

Brockyman

At the end of the day he has fleeced your mother out of £5000 and appears to have no intention of paying it back. Don't let the fact he is your brother stop you from getting the 5k out of him.
But this isn't really about the money is it. It's about relationships and the fact he thinks so little about his mother and family. This is proof that there is too much emphasis placed on family these days, he is only your brother and you didn't choose to have him in your life and he doesn't sound like he would be much of a loss so lose him. If you think it would upset your mum wait until she is dead and then sort it out with him. He's fleeced your mum and he's fleeced you. Get rid of him and concentrate on the people friends that you chose to have in your life.

Squire_Fulwood

I think that the problem I have with this MMD is that it is about money that other people are getting which might impinge on how much money the OP is going to get. None of the money belongs to the OP and if he/she is only bequeathed £2.50 then they should be grateful. Thinking about it a little more I think this comes within the definition of envy. Envy is a bit different to jealousy since envy means you don't want anyone else to have it.

As I see it the OP has two very clear options.

1. Borrow £5000 from your mother before she dies so that things are equal or .....

2. Shut up about it since it isn't your money in the first place.

Mistral001

Leave it to the brother to decide. He should offer for the money he owes to be shared out to the others and it is then up to the others whether they want to accpet it. the OP seems to be of the mind that he/she would definitely accept it, but some might not accept if the brother could not afford it.

Murphymycat

Hezzawithkids wrote: »

We have exactly the same situation in our family and its a dilemma my mother agonised over for years, even asking her solicitor about it. Eventually she decided that to deduct the money from the bequest would be churlish and would create a bad feeling between us all at a time when we would be trying to come to terms with her death, and has left things alone. I took the view that it's none of my business anyway; she offered my brother some money to help him out at a really bad time in his life and it made her happy to do it, and she would have done the same for any one of us.

Similar situation. My mother lent one of my brothers some money and it was stated in her will that this sum be repaid out of the proceeds and then the rest distributed between the three of us. Neither my other brother nor myself were aware such a loan had taken place but we were pleased to see she had sorted it out. It never caused any bad feeling between the three of us.
:rotfl:

John_Pierpoint

You need to be careful with the wording. If it is a loan the priority un-named beneficiary will be along to claim his 40%. I speak of course of the levy of 40% inheritance tax by HMRC, as a loan is an asset of the estate.

Edwardia

My mother would change her will to say that if the loan was unpaid my bro would get less and she'd also give him a signed letter if he had repaid it.

My MIL and BIL gave OH's sister £10k between them to pay HMRC and am pretty sure that won't ever get paid but MIL will still split her savings between them all equally.

veldust

FelinePrincess wrote: »

Agree, the 5k loan is between brother and mother, and it's up to the mother what she decides to so.

The question asker shouldn't even be concerning themselves with this matter as it's nothing to do with them. I think something isn't right when someone is questioning a will before the parent is even dead!

My parents asked which way my sister and I wanted the assets divided (even though it was always 50/50) but there were different ways it could be done. Nothing wrong with that.

The only time you can question it is before their passing it's a bit late after they've gone!!!