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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Brother died intestate - disagreement over his estate

189 replies

Miggymoggymugwumps · 28/10/2018 13:34

My beloved brother died very unexpectedly earlier this year, it was a huge shock and has been very hard to deal with losing him. For background he had a successful career, never married and at the time of his death was single with no dependents. Because he had no children of his own he idolised his nieces and nephews and was a huge part of their lives from the day they were all born. There are 4 of them and they are now all adults with the youngest being 18 and the eldest 32.(2 are mine and 2 are my sisters)

Anyway he always said (as you do at times) that if anything ever happened to him he'd leave something to me and my sister but that the bulk of his estate would be equally split between 'all the kids'. However it is now apparent that he never got around to making a Will and that he died intestate, so his next of kin become the beneficiaries. That is our parents and of course this is totally right and proper. Now everything has been settled his estate comes to a little over £400,000 which is obviously a vast amount.

This is were problems are now creeping in. My Dad who seems to have had a personality transplant now that he's come into money has decided to give the nieces and nephews just £5,000 each. Now I know this isn't to be sniffed at but I can't help feeling that it is a bit stingy bearing in mind just how much inheritance there is but most of all it is absolutely not what my brother would have wanted. Her always said he wanted them to benefit, and mentioned this on many occasions, to me, my sister, our parents, friends and even his next door neighbours. Even at his funeral close friends of his said that is what he wanted to happen.

My Dad says that because he didn't make a Will that the situation is different now and that the kids and us will end up with it all eventually anyway when him and Mum pass away. They are late 70's, and thankfully in good health but obviously may need care in the future which will need to be paid for. Dad says he's going to have their bathroom and kitchen done, have a conservatory, buy a new car and go on nice holidays.

I gently tried to explain that although my brother would have wanted them to enjoy themselves 'on him' and make their lives a bit easier his actual wishes about the nieces and nephews having it were getting forgotten. Dad doesn't seem to want to acknowledge this at all, my Mum agrees with us but can't get through to him either and it's starting to cause friction. If there is a solution please tell me as I just want to do things right by my brother!

OP posts:
Aridane · 28/10/2018 17:22

After the current fallout over money, I think it would be extremely ill advised to suggest a LPA to the father!

Aridane · 28/10/2018 17:23

(Ie will be perceived as grasping and a ploy to get his money that you regard as belonging to your children)

Aridane · 28/10/2018 17:24

Not sure why the father is being described as a cocklodger!,

amicissimma · 28/10/2018 17:25

This reply has been deleted

Message withdrawn at poster's request.

Whoisshequestionmark · 28/10/2018 17:52

YABVU. There's no will. It's not your children's money. He's gifted them £5000 why not just be greatful for that? Your family has lost enough, don't push your parents away too due to a piece of legal paper that doesn't exist.

HeckyPeck · 28/10/2018 17:55

Are people deliberately missing the fact that OPs Dad agrees that his son would have wanted it to go to the nieces and nephews?

He’s not said - I think he’d want us to have it. He said he knew his what his son’s wishes were but is going against them because the niece and nephew will inherit from him when he’s dead.

HeckyPeck · 28/10/2018 17:57

I’m just glad that my parents wouldn’t dream of deliberately ignoring my wishes. Thankfully they are selfish wankers.

HeckyPeck · 28/10/2018 17:57

Aren’t! Sorry mum and dad!

Cambalamb · 28/10/2018 18:00

Lol Heck!!! Grin

HeckyPeck · 28/10/2018 18:03

😂

JuliaJaynes9 · 28/10/2018 18:03

agree with @Hecky and pp's the dad knows he is unreasonable and has come up with a bullshit and insulting justification for him to keep the lions share.
He see's himself as head of the family, his wife defers to him, all assets default to him and his word is law

JuliaJaynes9 · 28/10/2018 18:05

it's 'trickle down economics' isnt it, the younger subordinate family members have to wait for the crumbs to reach them

Glasgowbound · 28/10/2018 18:07

5k is a generous amount to pass to each grand child
It would be if you inherited 20,00, not if you inherit 400,000.

derxa · 28/10/2018 18:08

it's 'trickle down economics' isnt it, the younger subordinate family members have to wait for the crumbs to reach them
That's exactly how inheritance usually works. And?

AamdC · 28/10/2018 18:12

But Hecky presumably the brother wasent expecting his parents to survive him this is a sad situation he would have probably have benefitted from his parents will and may well have had children later on its a sad siruation but ultimatley he died intestate and his parents inherited as next od kin i expect they would rather have their son, sudden deaths are awful my dh sister died suddenly four years ago it ripped the family apart .

BatsAreCool · 28/10/2018 18:12

He see's himself as head of the family, his wife defers to him, all assets default to him and his word is law

It is actually the 'law' in this case that the assets go to him and OPs DM. Without a will it doesn't matter what DB said or not.

HeckyPeck · 28/10/2018 18:17

@AamdC well of course they’d rather have their son, but that doesn’t mean they get to knowingly ignore his wishes.

If they’d said “we’re sure he’d want us to have it under the circumstances,” that would be one thing but admitting he wouldn’t want them to have it but keeping it is an unforgivable thing to do in my opinion.

OhLemons · 28/10/2018 18:21

When you talk about who you intend to leave your estate to, I think it is fairly commonplace to assume that you will outlive your parents.

i married and had children late ish and when I did my first will my niece and nephew were my intended beneficiaries. It was only my solicitor that mentioned the possibility of my parents outliving me, I hadn't considered it.

I then changed things so that they inherited before my niece and nephew.

Nobody can know what your brother intended in these specific circumstances as he chose not to leave a will.

I'm so sorry for your loss.

derxa · 28/10/2018 18:23

i expect they would rather have their son, sudden deaths are awful my dh sister died suddenly four years ago it ripped the family apart That's the nub of it and bickering over money is a symptom of grief IMO

nomilknosugarplease · 28/10/2018 18:26

Completely agree with Hecky. If your son had explicitly mentioned directly to you ‘I really want everything to go to my nieces and nephews’ and you just ignored that how could you live with yourself?

JamesBlonde1 · 28/10/2018 18:26

It really annoys me when people won’t spend £150 to get their will done. I hate to think this money is now going to disappear on care home fees and the kids will lose out completely. Foolish beyond belief. Your DF should do the right thing!

JuliaJaynes9 · 28/10/2018 18:27

I appreciate that technically he did choose to die without a will, however I feel that it would be a good thing for society to nudge people so that they do make wills, because most people dont and not having one is probably the default for people under 50/60 (?)

nomilknosugarplease · 28/10/2018 18:28

Even if the circumstances had changed as people are saying, I wouldn’t ever want to assume that my son had changed his mind and decided I should keep almost all of it. I’d still want to fulfill his previously expressed wishes if I had nothing else to go off.

Thoughts are with you OP Flowers

ForalltheSaints · 28/10/2018 18:49

nomilknosugarplease I agree with you.

The day I became a home owner was the day I made a will, even though I was only 24 at the time. A few years later a family member died without one, whose wishes no one disputed, from his fourth or maybe fifth heart attack. The time it took to sort things out was long.

I appeal to all who read this, please make a will if you do not have one.

JuliaJaynes9 · 28/10/2018 18:50

it's as if the father see's the money as a compensation for his loss, as a parent it could be argued that his grief is the most acute and painful, therefore in his mind it seems right and natural that the money should go to him
he feels the most deserving as he feels he is sufferening most

Not suggesting that these are conscious thought processes more knee jerk responses at a time when people are seriously knocked off balance and not thinking as rationally as they might.

Who wrote that book 'the year of magical thinking' after a bereavement?
I think people do often go a bit weird and loopy when something this devastating happens, your whole identity is shaken up, a bomb is thrown into your life

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