Greedy Sibling

Bornwild

Hi, excuse how long this is....
It has been 1 year since my father passed away. Our will is very straight forward, everything should be split by 3 (me, my brother and sister) which includes his estate (property, banks etc). My brother was made the executor. I did not even mention about the WILL till after 3 months of my fathers death to my brother who than called me a goldigger and he said he should beallowed to keep the house, he than ignored my messages and me for a good 5 months, now he has finally decided to start organising things as i have been calling his solictor and telling them what is going on, my brother still refuses to talk to me about the WILL and uses my mum as a messanger.
I had a email from the solictor who made my fathers will a month ago stateing if me and my sister would accept a lower offer of what were entilted to, and it stated in my brothers word that my brother lived with my father and helped him more, as to i live abroad and was not around as much 🤦🏻‍♀️🤦🏻‍♀️ so he thinks he should be entilted to more. It turns out my brother actually wants to buy are fathers house and by taking 15k from me and my sister inheritance for his self, he can get an amazing cheap morgage he has found. To be fair i am broke studying to be a nurse, i have 2 kids a morgage of my own and my husbands with a 1 wage income covering it all, i am not in position to loose 7k, it is not as if my brother was desperate and been rejected a morgage of a higher price, he is 30, lived with my dad rent free all his life, got no kids, a good paid job and now he cant accept standing on his own 2 feet and sadly thinks of his self.
Their is also the contents in the house, garage and my fathers car (my dad was a car dealer), and my brother has not mentioned any of this to me and my sister.
My sister recently visited my dads house (where my brother lives) and said that are brother was just going through dads stuff saying to my mum if she wanted a power wash and things, I dont even know if hes allowed to do this, isnt it suppose to be split by 3? He doesnt even talk to me if i message him and sadly my mum just takes his side saying i should be greatful for what i am getting minus the 7k.
My brother just thinks it is all his, he has all dads belongings, cars, clothes, jewellery, tv, antqiues EVERYTHING.
I asked my mum about the cars and she said there is only 6 and there only worth 1k each and my brothers had to spend 600 to repair them, i asked for proof of the fixtures and said why domt he mention any of this to us, and what is he going to do with them as he is not the sort to say heres your share for the cars, it will just go in his pocket.
I thought as an executor it was their job to go through all these things and than sell or give them to the beneficiaries as the WILL states, or i am missing something?
I also email the solictor of my fathers WILL who said my brother is their client not me but they do speak to me because if i cant talk to the executor because they ignore me who else can i turn to, if my brother just updated me and did his job as the executor properly i wouldnt need to message the solictors, i am worried though that their going to charge me for their emails.
What can i do, i cant stand this anymore, i am abroad but tempted to fly back and turn up at my dads house and suprise my brother because he is taking the mick out of me and my sister.

Bornwild

Btw i wanted to comment that i am not accepting his offer, i want what i am entilted to, what is equally split as my dad stated in his WILL.

Marcon

In your previous post it was your sister who was the executor and creating all the problems: https://forums.moneysavingexpert.com/discussion/6043259/advise-please-before-a-war-begins#latest

ames1010

Your brother is despicable. So action needs to be taken. Firstly, do you have a copy of the will? If not, you can order a copy online. Next, I would speak with either citizens advice as they maybe able to point you to a law clinic who can give you advice and maybe write a letter. If not, find a solicitor who will offer you thirty minutes free advice.  Then, draft a letter - I would say with the law clinic or a solicitor reminding the executor- your brother is his legal duty as an executor to the will. If he is challenging the will, he needs to get two separate solicitors - one that covers the estate dealings, the second solicitor will deal with a claim if he wants to make one- which he really shouldn’t be doing. He can’t put in a claim before offering mediation as the court will want to see he has done that first if he is so desperate for your entitlement. At mediation, do not budge. He is getting a share, he hasn’t been left out- he is trying to emotionally manipulate you and remember that. Get legal advice ASAP and stand your ground. If he continues to threaten - keep every single last document, text etc. He will be the one who incurs costs as he hasn’t got a case. Lastly, he will end up putting himself in a position where he will be removed as the executor and pay the price of his actions towards you. Please let me know if you need further advice. 

ames1010

Just to add, I know you are angry as I am in exactly the same position but do not keep on emailing his solicitor. Get your own solicitor to write a letter- please make use of free advice like I have. Both you and your sister need to do that - remember to print out every message he’s sent, you’ve sent, make sure you have the will- and as you said- do not pander you your brother. He will come unstuck and good!!! 

elsien

You can only get a copy of the will if it's gone through probate,  I believe. Until then it's up to the executor if they wish to share it. 

Bornwild

Marcon said:

In your previous post it was your sister who was the executor and creating all the problems: https://forums.moneysavingexpert.com/discussion/6043259/advise-please-before-a-war-begins#latest

I know i changed some personal things as in siblings because i was worried incase he ever turnt to online forums himself like i have, and didnt want him to click that omg that sounds like my sister, but now i dont care anymore, ive told him all this myself what i have posted, before i use to be scared to mention anything because of the way he called me a goldigger and treated me, but ive lost my patience now, i would even tag him if i could in this thread so he reads what other people think and say because he is taking advantage

ames1010

And lastly, the will states what your father wanted - if he wanted your brother to have had more- he would have put that in the will. Your brother cannot dictate the terms of the will!!! He is the executor - he should be neutral!! Dreadful man!!! 

Mojisola

Bornwild said:

Our will is very straight forward, everything should be split by 3 (me, my brother and sister) which includes his estate (property, banks etc).
I had a email from the solictor who made my fathers will a month ago stateing if me and my sister would accept a lower offer of what were entilted to, and it stated in my brothers word that my brother lived with my father and helped him more, as to i live abroad and was not around as much 🤦🏻‍♀️🤦🏻‍♀️ so he thinks he should be entilted to more.

Just email back and say no and that you expect the estate to be distributed according to the will.

Bornwild

ames1010 said:

Your brother is despicable. So action needs to be taken. Firstly, do you have a copy of the will? If not, you can order a copy online. Next, I would speak with either citizens advice as they maybe able to point you to a law clinic who can give you advice and maybe write a letter. If not, find a solicitor who will offer you thirty minutes free advice.  Then, draft a letter - I would say with the law clinic or a solicitor reminding the executor- your brother is his legal duty as an executor to the will. If he is challenging the will, he needs to get two separate solicitors - one that covers the estate dealings, the second solicitor will deal with a claim if he wants to make one- which he really shouldn’t be doing. He can’t put in a claim before offering mediation as the court will want to see he has done that first if he is so desperate for your entitlement. At mediation, do not budge. He is getting a share, he hasn’t been left out- he is trying to emotionally manipulate you and remember that. Get legal advice ASAP and stand your ground. If he continues to threaten - keep every single last document, text etc. He will be the one who incurs costs as he hasn’t got a case. Lastly, he will end up putting himself in a position where he will be removed as the executor and pay the price of his actions towards you. Please let me know if you need further advice. 

Yes i finally got sent a copy of the WILL by his solictor, i also got all the textes i sent him and it has all the dates and shows how he would removed himself from the group chat between me and my sister and how he ignored us, i also go the email from the solictor what was sent. The WILL went to probate on the 11th may, my brothers offer what the solictor emailed me was before probate even started i got the dates on the emails.
It said we dont have to accept but if we did its up to us, and it was listed everything what was in dads bank and the house vaule (though dont know if a estate agent vauled it or my brother just said that price to the solictor)
Ive had no copies of any anything else.
At first i said i would accept his offer because i was so desperate and needed a operation, and my brother and me made a deal that he would give me 4k of his own money and i would have it reducted from my inheritance if only i accept his offer. But i never signed anything, they was going to send me the contract by post, but when the surgery date came and my brother didnt give me the money as we agreed i decided why should i help you if you cant even help me. (The early 4k payment was to pay for my operation which got canceled).

Bornwild

Does anyone know what should happen with the contents like the cars, belongings? The solictor didnt mention these when they said what were all entilted to equally, they mentioned the house and the bank amounts
Thanks