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Brother stealing my inheritance - so upset can hardly think straight

423 replies

helpmecanhardlybreathe · 26/03/2022 18:45

I'm the youngest of 4 dcs, with 3 older dbs.

My df passed away a few years ago, my dm about a year and a half ago. My df left most stuff, including the house, far and away the biggest asset, to my dm. She originally wrote a will that left everything to her 4 dcs equally. However, as my 3 much older dbs all own their own (very expensive) property, and only the oldest db has a dc, who's a doctor, so not likely to be short of cash either, my dm decided to change her will, to leave the house to me, as I have 3 dcs and we still rent, and have never been able to afford to buy a place of our own, due to house prices shooting up in recent years.

I know she was very worried about our financial security. I think she also wanted to leave the house to me, as it was me and my youngest db (who is a millionaire and doesn't need the money at all) who looked after her and my df in their old age. My eldest db, who lives in the US, didn't bother to visit at all in the last decade or so, and would only agree to come if my dps agreed to pay for him to fly first class (yes, really). He never called on the phone either - she called him and spoke to him maybe twice a year.

Anyway, she made the mistake of telling db1 she wanted to change her will and he kicked off. So she changed her will instead to leaving everything to be split equally between her 4 grandchildren, assuming he'd be ok with that, as his family would still get a quarter share. But he was furious, and basically blackmailed her into changing her will back again to leave it to all 4 of her dcs equally - he told her if she didn't, he would not attend her funeral or say the prayers for the dead that are crucial in my religion.

She was incredibly upset by this - she told literally everyone, must have heard her say this hundreds of times. It's like she wanted to apologise to me for not leaving me the house, and make it clear that she wanted to leave it to me, but was too scared of my db to change her will again. She did resist when he demanded to be made an executor - that was given to db3. I should add that db2 keeps out of all this, not particularly materialistic, no dcs, financially comfortable.

Anyway, when my dm passed away, it was lockdown, so in practice it would have been very difficult for db1 to attend the funeral (not that he tried). A year later, in my religion, is the stonesetting, which is also a very important religious event. Despite having blackmailed my dm into rewriting her will or he wouldn't attend the funeral, not only did he not attend the funeral or stonesetting, which he could have attended, he couldn't even be bothered to dial in via Zoom to attend it that way. He was going on holiday somewhere else instead.

He's now finally bothered to fly with his family over to the UK - which he couldn't be bothered to do when my dm was alive, or to attend her funeral or stonesetting - to take stuff he wants from the house before it's sold.

I just heard he's wrapped up to take a picture that wasn't left in my dps' wills, it belongs jointly to me and my 3 dbs as it was left to us by my grandma. It's painted by my great-grandpa (my dm's grandpa), who my ds is named after. Again, it's something that my dm said hundreds of times she wanted me to have, knowing how important this great-grandpa is in my family. My db1 claims he should have it because he likes it and it used to hang in 'his' room (we only inherited it a decade after he moved to the US!). He has so little interest in our family history he couldn't be bothered to see his dps, or attend my dm's funeral or stonesetting.

I'm just so upset - it's not enough that he blackmailed my poor dm into changing her will, he's now walking off with precious family heirlooms that are shared by all my siblings! I've said he has no right to take it as it belongs to all of us, and his answer is basically, 'Tough, I want it. I don't to discuss it further. I'm taking it.'

He'll be flying back to the US with it in a few days and I feel like I'm being stabbed - so upset. Is there anything I can do? He's just ignoring everyone's wishes except his own. I know db3 thinks I should have the picture but will almost certainly want to avoid a family row. Db2 will likewise want to keep out of it. I'm just so angry and upset.

If anyone has any suggestions of anything I can do, or can just calm me down so I'm not hurting so much, that would be appreciated. Just can't believe anyone would behave like this. Sad So upset that my dm's wishes are being ridden roughshod over again. Sad So sad that this precious heirloom will go to the US, to people who care nothing about it, and we'll never see it again. Sad

OP posts:
Cameliah · 26/03/2022 21:16

Who is the executor of the estate? He can’t just steal items, they have to be dished out by the executor. So if he’s stolen from a dead person’s house then it is absolutely a police matter.

If the painting is important enough to you then you need to retrieve it. Take it if it’s still in the house. Prevent him getting on the plane with it. If necessary follow him to the airport and tell the staff he’s carrying stolen property. Once it goes to the US it’s beyond any legal jurisdiction and you won’t get it back.

helpmecanhardlybreathe · 26/03/2022 21:17

@AchillesPoirot

Is the painting of any actual monetary value though?
Probably some? But not vast. He wasn't a famous artist. It's large and very good. But it's about sentimental not financial value.
OP posts:
bridgetreilly · 26/03/2022 21:17

Do you have any evidence - emails, texts etc., to show the influence he had over your mother changing her will? It may be possible to overturn it.

With things like the picture, just take it. That is exactly the sort of thing where possession is nine tenths of the law.

AchillesPoirot · 26/03/2022 21:17

www.artscouncil.org.uk/sites/default/files/download-file/UK%20OGEL%20Value%20limits.pdf

This is the monetary limits for export.

helpmecanhardlybreathe · 26/03/2022 21:19

@bridgetreilly

Do you have any evidence - emails, texts etc., to show the influence he had over your mother changing her will? It may be possible to overturn it.

With things like the picture, just take it. That is exactly the sort of thing where possession is nine tenths of the law.

I agree with a pp who said we'd just lose all the inheritance to lawyers if we went down that route. It would be hard to argue, and while my dm made no secret of what had happened, and what she wanted, you'd have to get someone (not related) who was prepared to intervene in a family dispute. I wouldn't blame anyone for not wanting to get involved.
OP posts:
Ipadflowers · 26/03/2022 21:20

I’d have to agree, thr reason you don’t own a house is because you had three kids and don’t earn enough to both have three kids and buy a house. It was life choices. I honestly think let it go and focus on how you can manage your own personal financial security going forward.

harrystylestaylorswift · 26/03/2022 21:22

@IVFConfusion

There is a reason why your oldest brother did not bother with his dying parents or funeral. Did they treat him badly? Kids don't ignore their parents for nothing. Explains why your mum didn't stick to the original will which gave you everything.

The will has been split 4 ways - fair enough.

Out of interest which culture is this? European, Indian?

I'm guessing Jewish by the sounds of it. It would've been extra hard for him to make the funeral during lockdown as we bury the person on the same day as the death when possible, often the day after though. We have a mourners prayer called Kaddish and a week long period of intense prayer after a death which is referred to as 'sitting Shiva'. It really would be a big thing for someone to refuse to sit Shiva for their own mother based on the will not being equal when he has more than enough money as it is. Has to be more to this story for him to resent his mother this much and also not bother with the parents in general. There is also the unveiling of the stone a year later which OP refers to. Sorry if I'm wrong!
SucculentChalice · 26/03/2022 21:22

I agree with a pp who said we'd just lose all the inheritance to lawyers if we went down that route. It would be hard to argue, and while my dm made no secret of what had happened, and what she wanted, you'd have to get someone (not related) who was prepared to intervene in a family dispute. I wouldn't blame anyone for not wanting to get involved.

Again OP, who is the Executor?

So much information but no basic details.

helpmecanhardlybreathe · 26/03/2022 21:22

@AchillesPoirot

Thanks for that - useful.

It is a painting but not worth over £180K. But arguably might come under category 5, given the subject matter, for which there is a zero £ value limit.

Useful to know.

OP posts:
Mickarooni · 26/03/2022 21:25

If you’d said how distressed you were that one brother took the painting and you were saddened and angry for you and your other brothers, you might be getting different replies. You’re not more entitled to the painting than the DB who took it but you’re all equal.

It’s tough when siblings are significantly wealthier than you but you made a choice to have 3 children and you have a partner who also works.

Inheritance isn’t about money, it’s about being fair and showing the last act of love.

Maves · 26/03/2022 21:25

Fucking he'll so in your mums thigh light years all she got was you lot arguing over her shit? Think you're both selfish tbh and regardless wether someone's well off and you ain't got a pot to piss in or you have more kids it should all be equal your poor mum feeling humility like that you should all be ashamed.

Klayden · 26/03/2022 21:26

It’s not very holy to be this grasping and grabby over money.

SchadenfreudePersonified · 26/03/2022 21:27

@Bananarama21

Tbh it was unfair of your dp to gift you her house and deny all her children equal share because they happen to be more successful than you. It was right that it was changed back. A will says alot about a parent views there child.
Absolute rubbish!

There is no reason not to help a child who needs it.

Our son knows that our home will be left to our DD. He has a reasonably well paid job and his own home; she is on minimum wage and zero hours contract. Without this she'd never have anywhere of her own (may not yet if we need care). He's happy with this - he knows that it doesn't mean we love him less; just that her financial needs are greater.

Any remaining cash is to be split 50:50..

OliviaBond · 26/03/2022 21:27

If she died in lockdown and the painting is still in the house, perhaps he assumed no one else wanted it as it hasn't been taken already. Lockdown was a long time ago.

helpmecanhardlybreathe · 26/03/2022 21:29

@SucculentChalice

I agree with a pp who said we'd just lose all the inheritance to lawyers if we went down that route. It would be hard to argue, and while my dm made no secret of what had happened, and what she wanted, you'd have to get someone (not related) who was prepared to intervene in a family dispute. I wouldn't blame anyone for not wanting to get involved.

Again OP, who is the Executor?

So much information but no basic details.

My db3 is the executor of my dps' estates.

But - apologies for the confusion - the painting I've been discussing is one that me and my dbs inherited about 30 years previously, from my grandma, jointly.

It's been hanging in my dps' house for the last 30 years, which we were all happy with.

It's only now we're emptying the house after my dm passed away that db1 has appeared and walked off with it without asking. But it's not actually part of her estate.

OP posts:
NeedAHoliday2021 · 26/03/2022 21:30

This is hard to read. You seem to think that because you’re poorer you deserve the inheritance. I imagine there’s a lot of upset on all sides but you don’t seem to acknowledge any hurt the others may feel. Presumably you had the same opportunities as siblings but chose not to be a doctor (fair enough - I didn’t choose that either) and have 3dc (as did I) but I don’t feel more worthy of my parents estate over my richer brother.

Wnkingawalrus · 26/03/2022 21:30

He doesn't need the money (his apartment in Manhattan is worth at least $2 million)

That’s probably a two bed apartment, hardly living in luxury.

helpmecanhardlybreathe · 26/03/2022 21:31

@Klayden

It’s not very holy to be this grasping and grabby over money.
I don't think anyone was suggesting this was holy.

Weird and ever so slightly racist comment, but thanks.

OP posts:
Colouringaddict · 26/03/2022 21:32

I am the executor of my late fathers will. The will clearly states that all goods are to be sold and then he states how that money should be split.
If any of the beneficiaries wanted something in particular, they have to buy it so that the others still get the intended share.

Probate takes longer at the moment but we are almost at the end of the process, and my Dad hasn’t been gone as long as your mother.

You need to know exactly what the will says before you can action anything. If like my Dad, she stated everything is to be sold, then he needs to agree a price.

I don’t understand how this house is still complete including personal things like paintings, and hasn’t begun to be readied for sale.

I have to say that you aren’t covering yourself in glory, this was painted by a man that neither you or your siblings met or knew, the fact that you named a child after him, doesn’t give you more right over it than your brother.

The executor is responsible for executing the will, so in all actuality it is them that is responsible and they are breaking the law if the goods were to be sold and split evenly between the four of you

You spent a lot of time in your OP explaining why you and your brother should have a bigger share than your other brothers, that isn’t what the will states. Time to start nudging the executor to get everything settled.

helpmecanhardlybreathe · 26/03/2022 21:32

@Maves

Fucking he'll so in your mums thigh light years all she got was you lot arguing over her shit? Think you're both selfish tbh and regardless wether someone's well off and you ain't got a pot to piss in or you have more kids it should all be equal your poor mum feeling humility like that you should all be ashamed.
RTFT. None of that happened, except in your fevered imagination.
OP posts:
AchillesPoirot · 26/03/2022 21:32

How is it a racist comment? I’ve no idea what religion you are but it definitely is not holy in any I’m familiar with to be this desperate to get your hands on the estate of a deceased person.

Philisophigal · 26/03/2022 21:32

This reply has been deleted

This has been withdrawn at the user's request.

Wnkingawalrus · 26/03/2022 21:35

This reads like you’re mainly jealous of your brothers because they are all more successful (richer) than you.

Enzbear · 26/03/2022 21:36

You all sound grasping.
The entitledness of this post is just ugly.

helpmecanhardlybreathe · 26/03/2022 21:36

@Colouringaddict and many others - apologies for the confusing OP, but as previously stated, the picture was not part of my dm's estate, but was something being kept at the house.

It belongs to me and my dbs jointly. We inherited it from my grandma, not my dm. So nothing to do with sorting out probate on this estate.

OP posts: