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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I genuinely don’t know if I’m being unreasonable

261 replies

DoolallyBinzes · 24/05/2021 22:36

There is so much to this story but the bare bones of it are that when I was with my ex we borrowed money from my Mum to pay our rent. We had only paid a small amount of it back when he left me. I had no money, no job, nowhere to live and 3 children to look after.
10 years later, Mum has died and my brother says I have to pay all the money back. I’m happy to pay half but I don’t see why I should pay for my ex’s share especially when he now has plenty of money.

OP posts:
steff13 · 24/05/2021 23:54

I would agree with the PP that your ex doesn't come into it anymore. I would just take my share of the proceeds of the house less $6000 and let the brothers split that between them, I think. You could probably make the argument that it's not owed, but why cause a potential rift over $6000?

Cactusesi · 25/05/2021 00:00

If your brothers are comfortably off dont pay them as your mother was happy to let the debt slide and the original loan became a gift. If your brothers are broke pay them half the debt and tell them where they can find your Ex.

Castlepeak · 25/05/2021 00:01

Was this debt not included in the financial settlement for your divorce?

JadeandGreen · 25/05/2021 00:02

The debt died with your mum. Your brother is out of order. Is he really willing to sacrifice his relationship with you over this? If he is, cut him off and move on. I think it's really sad that your brother is putting you in this position. I'm sorry for your loss Flowers

Blossomtoes · 25/05/2021 00:02

There’s no debt now. The person you owed money to no longer has any use for it.

Craftgirlx · 25/05/2021 00:09

I am so sorry for your loss and so sad to hear about how your brother is acting. I cannot imagine ever fighting with my brother like this over inheritance, it’s so sad. Unless there was a legal document stating for you to deduct the Amazon but for your share then you should not have to. Any parent would choose to help their child financially if they could. That’s what family is for, not bickering!

Zzelda · 25/05/2021 00:19

Debts owed don't die when people die, they continue to be owed to their estate.

That said, you probably need legal advice, OP. If the debt is more than 6 years old and hasn't been acknowledged by you within the last 6 years, it may not be payable.

goshthatsawful · 25/05/2021 00:55

‘The debt died with her’ refers to when the deceased person owes money, not when they’re OWED money

DoolallyBinzes · 25/05/2021 01:10

Thanks to everyone who posted. It’s been interesting to read the replies. I would really have to post the whole story for people to understand why I didn’t want to pay my ex’s share but it’s far too long and involved so I’ll leave it there.

OP posts:
CellyBee · 25/05/2021 01:33

Wouldn't you just deduct the 6k from your share of the inheritance?? That's really too bad you never paid her back.

waitingpatientlyforspring · 25/05/2021 01:43

Your ex's share is irrelevant. If you took a loan from the bank they wouldn't be interested in the fact it was shared or spent on joint expenses, they just want it all back.

If your mum had written off the loan then I think it unfair you pay it back but you say you have been paying it back for five years so the expectation is you would pay it back so you should.

So if house was worth £90,000 for example, the estate is worth £96,000 which would be £32,000 each. So your brothers get £32,000 each leaving you £26,000 (£6,000 difference that you have already had and would have paid back if your mum had lived long enough).

justcannotwithyou · 25/05/2021 03:33

If the OP owes 6k to the estate, she should only give her brothers 2k each, as the remaining 2k would go to her anyway. They do not get 3k each extra.

If the 6k was still considered a debt by your mum at the time of death, your brothers could technically take you to court for the remaining 4k that should be split between them. It would unlikely be worthwhile for them but they aren't wrong in that that is in fact their money.

thedogtookit · 25/05/2021 03:35

@waitingpatientlyforspring

Your ex's share is irrelevant. If you took a loan from the bank they wouldn't be interested in the fact it was shared or spent on joint expenses, they just want it all back.

If your mum had written off the loan then I think it unfair you pay it back but you say you have been paying it back for five years so the expectation is you would pay it back so you should.

So if house was worth £90,000 for example, the estate is worth £96,000 which would be £32,000 each. So your brothers get £32,000 each leaving you £26,000 (£6,000 difference that you have already had and would have paid back if your mum had lived long enough).

I think your brother is out of order and I can't imagine wanting money from my brother.

If $6,000 was put back into the estate from op then wouldn't only $4,000 be split between her brothers anyway? As op would be owed a share too.

Guavaf1sh · 25/05/2021 05:36

It’s your debt - forget the ex. He’s irrelevant. I’d accept less of a share of the estate rather than pay £6000 back in. You’d probably be better off tax wise

Mayra1367 · 25/05/2021 06:37

Agree with others forget your ex and don’t use him as an excuse not to repay .

DeathStare · 25/05/2021 06:48

Please don't take £6k less than your brothers from the estate. Do the maths. A third of your debt you now owe to your self. You take £2k less than each of your brothers.

gottakeeponmovin · 25/05/2021 07:27

I don't see how your ex is relevant at all. As previous posters say your DM lent you the money - not half the money, the whole amount. Is it due now? Probably not legally but morally, and to maintain family relations, I would reduce my amount by the 4K.

honeylulu · 25/05/2021 07:32

The debt after 6 years ... I'm not sure it would be beyond the statute of limitations. What does the letter your mum have you set out regarding the term of the debt and repayment? If it says the repayment date was more than 6 years ago and she chose never to action insisting/enforcing repayment then arguably the debt can't be pursued. (The 6 year limitation period runs from the date the contract was breached - so, not when the loan was entered into but when you failed to meet the repayment date. Otherwise everyone could just stop paying their mortgages after 6 years, I wish!) If there was no repayment date set out (and/or the letter doesn't provide that any unpaid element comes from the estate) then legally you will probably owe nothing.

Morally - that's a different question. On one hand you have been enriched by borrowing money you did not repay. You admit that you have been able to repay the money for the last 5 years but have not done so. On the other you may be considerably worse off than your brothers and they are being "tight" not to let it go and risking a family fall out over a relatively small proportion of the estate.

My husband was in this situation. He had fairly wealthy parents and was one of four siblings who had had mixed success (or not) in life. A couple of the siblings were given a LOT of help during PIL's lifetime. I'm talking buying them houses/pensions/ paying grandchildren school fees etc. There was always mumbling about how it would be evened out in their estate and those siblings were just getting some of their inheritance early.

But then MIL died suddenly and FIL got dementia (then died a few years later) so the wills never got updated and the siblings were left an equal split. (Sadly one of the feckless siblings ended up predeceasing PIL). Youngest BIL banged on about how the large amounts SIL had received should be deducted from her share but it all got very upsetting. By then SIL had separated from her partner, was in a wheelchair and disabled. As a lot of the money had been paid within 7 years of PIL dying it did not escape IHT and to not only deduct the sums from her share but also the IHT would have left her with a tiny further inheritance for which she was in greatest need out of all the siblings.

Husband persuaded BIL that equal wasn't necessarily fair and had PIL been around to have a say they wouldn't have left SIL struggling so an equal split it was, with the IHT deducted equally from each share. BIL did gripe about it a bit but life went on and no one fell out. That's just an example!

I hope that you and your brothers reach a solution but I suggest you have a think about what is morally fair, bearing in mind that you had the means to repay and didn't. (Would it have left you consideably worse off than your brothers for example? What would your mother have wanted/done?)

PP are right though. You only owe £4k to the estate so don't get talked into parting with more than that!

Disclaimer: I'm a solicitor but not a probate one.

Namechangedlady · 25/05/2021 07:40

Sometimes I am so glad I am an only child. You guys a splitting a house between you, either was this plays out you will each receive a nice chunk of chsnhe6

cherrybonbons · 25/05/2021 07:43

I borrowed 20k from my dad and when he died, it wasn't paid back. So I paid it back to my siblings. As was fair. Although my sister couldn't understand why she wasn't getting 10k (so an equal split between her and my brother) and why I took a share of it too if that makes sense.
Money can bring out the worst in people but I just think an even split is usually the best as otherwise it would cause resentment in families

LIZS · 25/05/2021 07:47

When was it given to you? Is he getting confused by iht liability on gifts in last 7 years?

TubeOfSmarties · 25/05/2021 07:48

The ex is completely irrelevant. Either the loan needs paying back or it doesn't. If you think your ex isn't your problem, I certainly don't see why his part in any debt is for your brothers to cover.

NailsNeedDoing · 25/05/2021 07:50

Couldn’t you compromise with your brother and receive less inheritance than they do? Or if you not paying the full amount back to the estate means that they don’t get their inheritance, then you really should pay it back. Your mother wasn’t lending money to your ex to do him a favour, she was doing it for you. It’s not really relevant why you don’t want to pay your ex’s share, even if he was awful to you.

LemonRoses · 25/05/2021 07:57

You are the executor. You decide what happens to the estate (including cancelling debts, if you want) and how best to interpret the contents of the will.
Your brother does not even have a right to see the will until after probate has been granted and it becomes public.
As executor, you have a responsibility to settle monies legitimately owed by the estate but beyond that, it is up to you to enact the will as you see best.

Melitza · 25/05/2021 08:00

A lump of my dm's estate is owed to a mortgage company because she helped my db to buy a house.
Db will effectively get double his share of inheritance.
We won't ask him to pay it back because it wouldn't be morally right. We're better off than him financially and I value him more than money.

In your case I would only pay back if you don't suffer financial hardship by doing so.