Brother gone behind my back for probate

REDSPARTAN

I'm at my wit's end, my brother and I were doing probate together, even signed joint doc at lawyers, except I found out lawyer never sent it in. Now I've found out my brother without my knowledge has done probate. He got rid of our elderly aunt who was executor by threats and bullying. Will was 50/50 with my brother and I, does that mean he is now executor of mums will. Where does that leave me, at his mercy?

Marcon

REDSPARTAN said:

I'm at my wit's end, my brother and I were doing probate together, even signed joint doc at lawyers, except I found out lawyer never sent it in. Now I've found out my brother without my knowledge has done probate. He got rid of our elderly aunt who was executor by threats and bullying. Will was 50/50 with my brother and I, does that mean he is now executor of mums will. Where does that leave me, at his mercy?

What are you at your wits end about?

Are you saying your aunt was sole executor and your brother has replaced her, or what?

If your brother has replaced her as sole executor, it leaves you in the same position as you were in terms of inheritance: you will inherit half of your mother's estate, in accordance with her will.

REDSPARTAN

The thing is my mum left a letter that I was not to be evicted from the home  mum and I shared and all possessions were mine
My brother now trying to get me out of house. 
The point is he went behind my back.
My aunt would have protected me.

poppystar

Sad to say but a letter means nothing. If your mother really wanted for you to stay in the house and to have possessions then she should have ensured her Will reflected that.

Your aunt may have done what is best for her. It sounds like it might have been very difficult for her dealing with disagreeing siblings especially as she is not a beneficiary and presumably elderly?

RudolphHucker

REDSPARTAN said:

"...Will was 50/50 with my brother and I"

The thing is my mum left a letter that I was not to be evicted from the home  mum and I shared and all possessions were mine
My brother now trying to get me out of house. 
The point is he went behind my back.
My aunt would have protected me.

The Will dictates how the estate is disposed of, and usually nominates the executor(s). You can't have 50% of the estate (as stated in the will) PLUS all the possessions and the right to keep the house.

You need to value the estate and buy out your brother if you want to keep the house and possessions.

elsien

Start at the beginning.
Who did the will name as executors? Aunt alone, or aunt plus others. If others, who were they?
What does “got rid of aunt” actually mean? Has aunt renounced being an executor or reserved powers? Has your brother applied to administrate the estate instead? 
How do you know it was down to bullying? My mother renounced being an executor because the estate was such a mess and she didn’t want the hassle. Perhaps your aunt feels the same? 

And for what it’s worth, your aunt would have been duty bound to administer the will as written. If the will did not state you were to stay in the house, then there is nothing she could have done to “protect” you. 

Have you talked to your brother at all about the letter, and having more time in the house? 

Mojisola

REDSPARTAN said:

I'm at my wit's end, my brother and I were doing probate together, even signed joint doc at lawyers, except I found out lawyer never sent it in.

Now I've found out my brother without my knowledge has done probate.

He got rid of our elderly aunt who was executor by threats and bullying.

How did you two get as far as signing documents at a solicitor's when it was your aunt who was the executor?

74jax

Mojisola said:

REDSPARTAN said:

I'm at my wit's end, my brother and I were doing probate together, even signed joint doc at lawyers, except I found out lawyer never sent it in.

Now I've found out my brother without my knowledge has done probate.

He got rid of our elderly aunt who was executor by threats and bullying.

How did you two get as far as signing documents at a solicitor's when it was your aunt who was the executor?

I thought this too.... 🤔

https://forums.moneysavingexpert.com/discussion/6245691/residence-nil-rate-band#latest

This thread doesn't even mention an Aunt. 

REDSPARTAN

He  bullied my aunt into resigning, then did dirty on me too

maman

Just leaving aside the house contents for a moment, how do you intend your brother to realise his 50 % share of the will? Have you an alternative to the house being sold and the money shared? 🤔

REDSPARTAN

He doesn't want house sold, just doesn't want me in it. Or wants rent from me, though he has alot of his things here and comes and goes as he pleases. I pay all bills and council tax
All possessions in house are mine all the years I paid for maintenance, i did maintenance and looked after my very sick ailing mother. Put in new kitchens new bathrooms decoration, looking after gardens.
This was all mentioned in mums wishes letter.