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

Ebenezer_Screwj

Morally speaking the £5000 should be deducted from the brother's share, but legally speaking if it has not been written into the will he will receive his full share. Payback time will come when he financially over stretches himself and the family are in the position to give him the proverbial two fingers.

seyrewalker

The loan is between mother and brother and should be between them. Perhaps discuss it with your brother directly in a friendly way, perhaps mention you feel it may be on your mother's mind and also that you realise the matter is nothing to do with you, but just wanted to mention it.

It's not worth anyone falling out over money, you could even offer to loan your brother money to pay your mum back!

redglass_2

Perhaps it isn't fair if your brother gets his share and also the £5,000, but life isn't fair. And yes, I do have experience of this kind of situation. If your mother doesn't want to pester him for repayment, that's her business. Infuriating though it is, it's not your money and if you start acting as if it already belongs to you, things can get very ugly. It's OK to gently encourage her to settle with him, but if she doesn't like the idea you'll just have to accept that. Other replies on this thread suggest you might be able to take legal advice, but not before she's dead, please! Otherwise she'll just feel like a bag of money that her children are fighting over.

magpiecottage

If your mother is owed £5,000 then that is an asset of the estate - whether it is owed by your brother, a business creditor, the bank (in the form of a deposit) or anybody else.

So you include it in the value of the estate. If he is unwilling, or unable, to repay the debt then the estate can simply set it off against the assets it is required to pass to him.

However, if he argues that it was a gift you might have a bit more of a fight on your hands!

Marisco

If your mam wants your brother to have an equal share, then it's up to her. It's got nowt to do with you! If it bothers her as much as you think it does, then she can leave him a share, minus 5 grand! People never cease to amaze me, fancy worrying about what's in a will, whilst the person is still alive!!! Serve you all right if she leaves it to a cats' home!!:D

Chorlie

So what you're really saying is that 'if you're brother pays back the £5000, there will be another £5000 in your mums will to split between you all, or put it another way the 8 of you will all get an extra £625.'

I just feel sorry that you not only risk a family fall out over £625, but more so that you appear to want your mums money more than your mum.

vikki_louise

It's unfair your brother hasn't attempted to pay your mum back. £5000 is a lot of money in some ways but such a small amount to risk a big falling out between siblings and the knowledge that your mum would of felt torn apart if she was witnessing the fall out. So many families (normal and previously happy ones) fall out over a will and who gets worth. Is having your brother in your life worth £5000 to you?

Hezzawithkids

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.

nagswoman

First, add the £5k to what Mum has when she dies as she is owed £5k.

Then divide the lot by 8.

Pay 7 people the full amount.

Pay brother the full amount less £5k.

We had to do that, having taken advice from our friendly solicitor.

Just get Mum to create a document stating when she lent the money to her son and get him to sign it so it goes into her personal documents.

tatonka

eurovision_fan wrote: »

:idea: If the son has the ability to go on expensive holidays and buy costly pooches than he's perfectly able to pay back the loan from "The Bank of Mum and Dad"

Whether the son can pay by "payments in kind" that should be decided between the Mum, the offending son and the rest of the family.
If the family unit by majority voting :grouphug: decide on "Payments in Kind" then if we say he does jobs at 20% on top of National Minimum Wage (use October's figure of £6.08 p/h) that would work out as around £7.20 per hour of work.
£5,000 / £7.20 = 694.445 hours :dance: of service he must pay back before she passes on.:A

If he doesn't pay the Mum back then the £5,000 should be docked from his inheritence and shared equally with the other 7 siblings.

[I was thinking of doing a similar sort of thing when my parents die as im the main executor of both (despite being the youngest sibling - aint it brilliant to be smart one as the youngest!) :whistle: ]

The only thing that comes across from your post is that someone is a smart**s, not smart one. Your siblings must really love having a charmer like you for a relative:o if you can't give advice without trying to belittle others then DON'T.