Estranged brother

Patterdalemum

Hi,
Not sure if anyone else has had experience of this type of situation.

My mum is elderly and very unwell. My 54 tear old brother has always lived at home and my parents have always been too scared to force him out. He has been diagnosed with borderline personality disorder but refuses to take any medication or support to help manage his condition.
We are estranged from each other for the last 5 years as I'd finally had enough of his treatment of me during my entire life.
My concern is that when my mum dies, will the probate layers contact him direct? I want no contact with him at all. He's violent and unreasonable.
He doesn't know where I live now (unless my mum has gone against my wishes and told him).
He has no bank account, no passport so I don't know how he'll receive his share of mum's estate.
The worse my mum gets the more concerned I get about what will happen.

TonyMMM

Has your mother made a will ?

If she has, then whoever she has named as executor will need to deal with her estate. The executor will need to have details (inc names and addresses) of beneficiaries but there is no reason for them to share that information.

No probate lawyers will automatically be involved unless she has named a solicitor as executor, or whoever else she named chooses to employ one to help them.

Flugelhorn

I think you need to find out if mum has a will, it is only if she has and has named solicitor as an executor that anyone other than you two will do anything.

If one of you is the executor then you have to do the probate (if needed). If there is no will then one of you will have to apply for letters of admin.

This is going to be a significant problem and one that could be sorted now if mum is open with the situation ie about the will.

Also to consider - does mum own the property? With brother living there this may cause problems as he isn't going to be keen to leave for it to be sold.

Patterdalemum

Hi. I'm the executor of my mum's will. Her house is paid off but is owned (70% I think ) by equity release firm. Me and my brother are both to receive 50% of proceeds. I'm hoping that I can instruct a solicitor to handle things so I don't have to speak to my brother as I don't think he really has any concept of the fact that he can't stay in the house. I don't want to have any contact with him at all as I know it will turn nasty.

Sea_Shell

If 70% of the house value is due to the equity release firm, then I'd think they'll be pressing quite strongly for the house to be sold asap.

I have no experience of this, but if you were to tell them that your mum has passed (when the time comes), they could effectively repossess?

Someone with more knowledge of the "system" where ER is involved will hopefully be along shortly.

Mojisola

Patterdalemum wrote: »

Hi. I'm the executor of my mum's will.

I'm hoping that I can instruct a solicitor to handle things so I don't have to speak to my brother

I would start asking for recommendations for a good solicitor now and definitely employ him/her to do the work while you stay as executor.

All the costs will come out of the estate so make sure that your brother knows that every delay and extra cost will reduce his share as well as yours.

Sea_Shell

Do you have all the figures to hand re house value, ER owed (latest statement?) plus any other assets/debts.

What sort of ER scheme is it? Any monthly payments? Has all the money released been spent?

Will the estate be solvent with the remaining equity once funeral costs are taken into account?

Patterdalemum

I don't have the latest statement. There are no monthly payments. The last statement is saw, the final payment sum is below the current market value of the house. Mum has no debts that I know of other than a minimal credit card but she has no other assets except a 10 year old car which is here but my brother is insured as a named driver. I dont think there will be much left after legal fees etc.

Mojisola

Sea_Shell wrote: »

Will the estate be solvent with the remaining equity once funeral costs are taken into account?

Patterdalemum wrote: »

I dont think there will be much left after legal fees etc.

If there's any chance of the estate being insolvent, you can choose to do nothing.

Taking into account the relationship with your brother, that may be the easiest option.

Sea_Shell

My advice would be to keep abreast of your mum's financial situation especially the balance owed to ER, as this will roll up and increase month on month.

The reason being that IF her estate was insolvent (nothing left after funeral, debts and fees) then really you should not get involved in trying to administer it.

Sea_Shell

Even if the estate IS solvent and there is some estate left to be distributed, remember you still have the option NOT to act as executor and renounce, if you've not "intermeddled"

It's an all or nothing decision.