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Timing for distribution of "estate"

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  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He wouldnt have to think like that - re "taking an inheritance off his children". Just donate that part of his inheritance that went directly to him. He/his family together would still receive a fair share. It could be made even that way - without touching his children.
    I doubt that would help even if he were willing, it seems to be suggesting trying to undo something you point out is not about the money by adjusting the money.  You would still know what your mother's will had said.  As others have said, seeing her grandchildren as people in their own right and more than part of your brother's family seems to me the best way to come to accept this.

    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • It's true I would still know what my own mother did to me. As I know the full circumstances obviously - then I know this was quite deliberate spitefulness/vengefullness on her part for not living my life the way she had decided (well - obviously - as it is my life for me to decide on). I've always been well aware her idea of parenting me was to decide how my life should go and then be unhappy about me making my own decisions about my own life (even though none of them were law-breaking/immoral/etc  in any way). According to her take - I'd have stayed put in the same town as her, married someone she approved of and that would have a job (not career - as they're more likely to mean moving away), would have two children and would accept whatever way I saw her treating other people in front of me and agreed with her viewpoints on things (no matter how awful they were). Definitely not been a "child of the 1960's/70's 'find yourself/be your own person' era" LOL.

    I have pointed out to my brother the evidence that this was deliberate spite on her part against me - and he hasn't commented at all on that aspect (I'd say that constitutes he knows very well it was - but it benefits him and so he's not planning on "defending" me from the effects). I don't know whether he's ever witnessed her being spiteful/nasty to other people - as I have and had to tell her eventually she was to stop treating people that way and I'd apologise (on her behalf) to any more people she did it to in front of me. I would take him putting things right as "Oh well - at least he has shown fairness towards me and sympathy for her having treated me that way. Okay - fair enough as far as he is concerned". But he hasn't and that tells me all I need to know about him....that not one word of sympathy or helpfulness has come from him.

    Re children "people in their own right" - well...if I'd chosen to have children and someone had given them money, I would have taken it as very positive towards me and that they'd been given help I would have liked to have given them (eg anyone that wanted to pay to cover the cost of private schooling for them and I'd have taken it as feeling I'd been helped out - for not having the money to cover those sort of costs myself). Not that any of us (to my knowledge) are in that financial bracket anyway to afford that sort of thing.

    Anyway - bar my brother (or, to be more accurate, his wife) turning into a nice person (I'm not going to lay any bets on that one happening I'm afraid) - then the sooner it's all done/dusted - the sooner I can forget them and get on with my life.
  • -taff
    -taff Posts: 15,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your brother is not going to disinherit his own children because you are miffed with your mother. Why would he? Why would anyone? It really doesn't matter what prompted your mother to make her choices, she made them and so what? If you really are the independent woman you seem to think you are, then you are beholden to no one and no one owes you anything.
    On other threads, you talk about  how your choices are your choice and that you won't be changing your mind about the way you do things no  matter what. So if that applies to you, then surely it also applies to everyone else who makes choices. Including your mother.
    Non me fac calcitrare tuum culi
  • xylophone
    xylophone Posts: 45,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have said repeatedly that your brother is benefiting from the legacies to his children.

    Assuming that he is acting in accordance with the law, his fiduciary responsibility is to hold those funds in bare trust for his children during the time of their minority, to use any monies taken from the trusts during that minority for their absolute benefit and to hand access and control of the funds to them on reaching their majority (18/16 depending on residence).

    Your nieces/nephews are as much descendants of your parents as you and your brother - why not accept that your mother had the right to dispose of her property as she chose? 

    If she had been that vengeful or spiteful, she could have chosen to leave you nothing - and as you are not a dependant, you would have been in a very weak position had you chosen to dispute the will.

    You have chosen not to have children (as is your right) - however, those who did have brought up  the  citizens who are now  doing the vital jobs on which you depend - appreciate their dedication!



  • badmemory
    badmemory Posts: 9,615 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I can fully understand why this has upset you.  After you have watched your mother upset over how a grandparents will was affecting her, for her then to do the same thing must be extremely upsetting for you.  But no matter what your brother does it will not change the actual will.  Your mother wrote it & it is her that has upset you, not your brother.  There is no cure for this.  All you can do is just say my mother did not deserve me & move on.  You can always spend her money in a way that you know she would hate!
  • MoneySeeker1
    MoneySeeker1 Posts: 1,229 Forumite
    1,000 Posts Name Dropper First Anniversary
    edited 14 September 2020 at 1:14PM
    LOL at the comment of spend it the way she'd hate. I know exactly what she'd hate most - time for me to head for Dover and just give it away to the first people that I spotted on the beach and tell them it was a present from my mother. I'd probably hear her "screaming" from Heaven about that I do know. In my case though - IF (and that's a big IF) there's any "spare" it would go to environmental charities - and she'd look at me blankly for doing that. Not going to blast any "spare" on "wine, men and song" and start taking drugs or anything - as I've never taken drugs in my life (though I know exactly where I could ask for some if I fancied trying it). So - no....she would actually approve of every single penny spent if it indeed turns out there isn't "enough" - with being very practical and getting what I need most (just as I usually do...).

    I'm too practical to do that and very aware that there looks likely to be no money left over to "just blow" after seeing about things I need (the most I'd be likely to "blow" would be holding a party for friends - and then I'd probably save the rest too). I've got the sinking feeling there may well (probably won't be) not be "Enough" even and things that are necessities may well land up having to "drop off the list - as there's not enough money for them".  I've written out a priority list - in the likely event there isn't enough for everything and put the dearest/most important stuff up the top of the list and contingency savings and paying off the loan I had to take out for the kitchen (as I'd run out of savings) down the bottom of the list (there'll just have to not be any contingencies basically.....I can't cater for everything).

     So expensive work on my home comes first and getting the car I've finally (reluctantly) decided to get - so I'm being very practical and just hope there's enough to get my home finished and get that car (which I shall do anyway regardless - and am just hoping I don't have to get it on finance to manage it). So I'm going to be very very practical with it and maximise what I can get from it that's necessity.

    Probate has now been granted and there is a possible likely buyer in the wings for the house - so fingers crossed it will be as sorted as I can get it soon. I've not dared take a peek yet at the figures to date I've been supplied with - I may need a strong brandy before I dare take a look a look at them (by the time care costs have taken a large amount previously and now with the "will shock" reducing things further a heck of a lot). I'd gone down to being a very modest drinker indeed just before Lockdown and it's gone back up again coping with Lockdown - so I daren't buy booze to have to hand for a couple of days - as I'm trying to at least restrict the "Lockdown anaesthetic boozing" - as I'm still supposed to be on a diet (that went on Day 1 of this).
  • I'm not sure how anyone's mother can stop them having a career.  That sounds really odd.
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