Brothers being difficult post Mothers departure

deathinthefamily

Hi.
Our mother past away back in November, her will it was discovered was invalid (only 1 witness signature instead of 2) so my niece (whom everything was bequeathed to) could no longer be the executor so I had to step in as administrator.
I've completed the accounts elements, collected and paid all due debts etc but my younger brother keeps changing his mind as to what he wants to happen with his share (changes weekly depending on the drug of choice he's on), he is often incoherent etc but suspect we won't be able to prove compos mentis for him (and even if we do it opens up another equally messy can of worms), he says he is undergoing cancer treatment, split up with his current partner/wife (we're not sure which it is) has 2 kids by her and 2 from previous relationship (again not sure of marriage status) so if he dies before he finally states once and for all what he wants then it could get messy as to who then is entitled to his share
My older brother, having done nothing with our mother for over 30 years and having now been made aware of how much is involved (its only around 3.2k each) is being his usual entitled self and demanding his share now else he'll go to his solicitors (and I in turn told him any legal costs in kind will be deducted from his share of estate as administrator am not liable for any associated costs)

I've not spoken with either brother for around 10+ years hence why I'm not sure of their arrangements but am getting tired of both of them behaving how they are so would love to close this once and for all (I for one am voluntarily honouring our mothers wishes and giving my share to my late sisters children) but am not sure what the next action is in regards to my younger brother but I do know I'm allowed 12 months from date I took responsibility (or is it our mothers death?) to complete without reasonable grounds for delay but I believe I have to retain the estate funds in full until such time all parties have accepted the accounts and notified their bank details etc to enable transfers incase we end up needing to use the funds for legal defence of the estate (and that could use up all the funds)?

Can anyone advise best way of dealing with my younger brother in terms of getting resolution ideally without paying legal costs to do so please?

TonyMMM

I'm assuming you didn't consider attempting to have the will accepted for probate and are dealing with the estate as intestate ?

In which case, as administrator, once you are satisfied that you have properly gathered the assets and discharged any debts I would just send each brother a cheque for their share, together with a copy of the estate accounts to show how it was worked out. You can remind them of your mother's wishes, as per her invalid will, but ultimately what they choose to do with it is their problem - not yours to worry about. Your elder brother is therefore happy to get his share now as he wishes, and your younger brother's living arrangements or subsequent inheritance issues for him/his children are not something that affects the distribution.

As residuary beneficiaries they are entitled to a copy of the estate accounts - it isn't a requirement that they formally "accept" them. 

Brie

I agree with Tony's suggestion but would add a warning that younger brother may not cash or possibly will repeatedly lose his cheque so be prepared to leave his money in an account that can perhaps be put in his name at some point.  How easy that might be I don't know but essentially this will need to be ring fenced so he can't come back in 5 years time and say you're cheated him and his family(s).

BooJewels

I'd concur with what others have said - other people's complicated arrangements, or unreasonable demands, are beyond your remit as Administrator.  If the law says that as an intestate estate, each sibling should get a third, then it's the Admins responsibility to give a third each to those siblings - what they do with it from there is not your concern.  If you choose to gift your share to your niece(s), then that is your right to do so, because it's your money by then.

Nor does anyone have to accept the accounts before distribution - they are a courtesy to show residuary beneficiaries just how their amount was arrived at.  Just account for everything accurately and put it in a printed format and send it to each one with a cheque for their share.  If you've settled all the debts etc. by now, as you state, there's no reason to delay - just get it sent out and be done with it - that will be your obligation fulfilled.

If you've not already done so, put the funds into a separate current account, away from your own monies, then it won't matter if the money sits there until the cheques are cashed.

Blue_Butterfly

BooJewels said: 
If the law says that as an intestate estate, each sibling should get a third, then it's the Admins responsibility to give a third each to those siblings - what they do with it from there is not your concern.  If you choose to gift your share to your niece(s), then that is your right to do so, because it's your money by then.

The niece(s) are the children of OPs deceased sister, so under intestacy rules they inherit their parents share. As OPs mother had 4 children the 2 brothers are only entitled to receive a quarter of the estate each.

BooJewels

Blue_Butterfly said:

BooJewels said: 
If the law says that as an intestate estate, each sibling should get a third, then it's the Admins responsibility to give a third each to those siblings - what they do with it from there is not your concern.  If you choose to gift your share to your niece(s), then that is your right to do so, because it's your money by then.

The niece(s) are the children of OPs deceased sister, so under intestacy rules they inherit their parents share. As OPs mother had 4 children the 2 brothers are only entitled to receive a quarter of the estate each.

You are of course completely correct, my synapses totally failed to extrapolate that bit and make the connection.