Should my brother get 1/5th if mums estate ( morally )

rose28454

Mojisola said:

I wouldn't use the EA who has links with your brother. 

Thanks for that advice that hadn’t occurred to me. The first company I asked to value are in our town and just did a great job of selling our daughters house. I will get the other valuation and see where we go from here. 

rose28454

BrassicWoman said:

Unsecured loans still need repaying from the estate. Walking away would not be legal.

Yes I realise that. She was overpaid on her pensions etc and I’ve just repaid about £800.00. The only bill left is a small electric bill that I will pay this week. I’ve turned off the heating and most of the electric although my oldest sister stays there when she come home every month for a few days and she doesn’t want it sold in a hurry ( doesn’t want to let go ). But all of us have a spare room where are can stay. It’s been agreed we’ll wait for probate which should come through any day. I know my oldest brother has walked away from 3 bankrupt companies so far but I know it’s my job to pay the estate bills 

Keep_pedalling

rose28454 said:

BrassicWoman said:

Unsecured loans still need repaying from the estate. Walking away would not be legal.

Yes I realise that. She was overpaid on her pensions etc and I’ve just repaid about £800.00. The only bill left is a small electric bill that I will pay this week. I’ve turned off the heating and most of the electric although my oldest sister stays there when she come home every month for a few days and she doesn’t want it sold in a hurry ( doesn’t want to let go ). But all of us have a spare room where are can stay. It’s been agreed we’ll wait for probate which should come through any day. I know my oldest brother has walked away from 3 bankrupt companies so far but I know it’s my job to pay the estate bills 

Ask him directly about repaying the debt he created from his share of the estate, you never know he might actually feel enough guilt about it to agree. 

rose28454

Keep_pedalling said:

rose28454 said:

BrassicWoman said:

Unsecured loans still need repaying from the estate. Walking away would not be legal.

Yes I realise that. She was overpaid on her pensions etc and I’ve just repaid about £800.00. The only bill left is a small electric bill that I will pay this week. I’ve turned off the heating and most of the electric although my oldest sister stays there when she come home every month for a few days and she doesn’t want it sold in a hurry ( doesn’t want to let go ). But all of us have a spare room where are can stay. It’s been agreed we’ll wait for probate which should come through any day. I know my oldest brother has walked away from 3 bankrupt companies so far but I know it’s my job to pay the estate bills 

Ask him directly about repaying the debt he created from his share of the estate, you never know he might actually feel enough guilt about it to agree. 

I have just been thinking this. After the valuation today I’ll call him and maybe bring up the subject then. 

RogerBareford

rose28454 said:

I am well aware that legally the will
says split is 5 ways my question is really should I address the mortgage and the reason for it when the house is sold. I don’t have much of a relationship with him anyway as I wrote him a letter telling what I thought Of how he treated them a few years ago. 

At least 2 of my siblings agree with me but whether they would back me up is another story. 

I would say the moral answer is the same as the legal one and if your parents have chosen to leave your brother an equal share then he should get an equal share. It would be morally wrong to go against their wishes just because you don't agree with them.

Whether or not you or anyone else agrees or disagrees with your parents giving your brother so much money makes no difference because your parents chose to give that money to him and still chose to split everything equally in the event of their death.

Keep_pedalling

RogerBareford said:

rose28454 said:

I am well aware that legally the will
says split is 5 ways my question is really should I address the mortgage and the reason for it when the house is sold. I don’t have much of a relationship with him anyway as I wrote him a letter telling what I thought Of how he treated them a few years ago. 

At least 2 of my siblings agree with me but whether they would back me up is another story. 

I would say the moral answer is the same as the legal one and if your parents have chosen to leave your brother an equal share then he should get an equal share. It would be morally wrong to go against their wishes just because you don't agree with them.

Whether or not you or anyone else agrees or disagrees with your parents giving your brother so much money makes no difference because your parents chose to give that money to him and still chose to split everything equally in the event of their death.

The issue is that these were not gifts. The term the OP uses is investments which would mean the money was expected to be returned. 

RogerBareford

Keep_pedalling said:

RogerBareford said:

rose28454 said:

I am well aware that legally the will
says split is 5 ways my question is really should I address the mortgage and the reason for it when the house is sold. I don’t have much of a relationship with him anyway as I wrote him a letter telling what I thought Of how he treated them a few years ago. 

At least 2 of my siblings agree with me but whether they would back me up is another story. 

I would say the moral answer is the same as the legal one and if your parents have chosen to leave your brother an equal share then he should get an equal share. It would be morally wrong to go against their wishes just because you don't agree with them.

Whether or not you or anyone else agrees or disagrees with your parents giving your brother so much money makes no difference because your parents chose to give that money to him and still chose to split everything equally in the event of their death.

The issue is that these were not gifts. The term the OP uses is investments which would mean the money was expected to be returned. 

If you invest in a business that fails then you certainly don't expect to get the money back.

"Loan" would mean it is expected to be repaid, "Investment" means if the business does well you get more money back but lose it all if it fails completely which was the case here.