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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Toxic Inheritance Situation - Please help

399 replies

Teentaxidriver · 09/08/2022 22:39

I am dealing with a situation that I never expected to cope with and it is making me hugely anxious. Any advice would be gratefully received.

My only uncle died about a month ago. He was divorced and childless (his only child unexpectedly died at the beginning of the year). In his will, he named me as his sole beneficiary and executor. My mother (his only sister) and my brother are left out entirely. My parents are FURIOUS and demanding that I give my brother 50%. They also expect to be "involved" in the process of obtaining probate. Every single conversation we have had since his funeral has been dreadful with my dad being petty and passive aggressive and my mother crying (she has form for this basically to get her own way).

I intend to give my brother a share (like £125K) (my uncle told me to give him something but sadly I never had a chance to clarify what that meant) and also give my parents a lump sum of about £25k. My parents have no need of the money - they own their own home outright and my Dad has a great private pension.

I am normally very close to my parents, in that I am the perfect daughter, dutiful, kind, giving. I was very close to my uncle - saw him regularly, sent him presents at Christmas, phoned him, post-cards when away, emailed him, etc. Honestly I felt sad for him that he was mostly alone and his only child was a bit of a fuck-up.

My brother hasn't seen his uncle for about 20 years. My mother's relationship with my uncle had also definitely declined in the last few years. I think my father encouraged this for reasons to do with jealousy and resentment. At times, when my uncle was very ill, for instance, they refused to travel to where he lived in order to help him. I have been aghast at times by how callous they were.

The estate is probably worth about £550K after tax. The money would be life-changing for us. Pay off a big chunk of our mortgage, have some savings. My husband spent tens of thousands supporting both of his parents and then inherited nothing. My brother's wife has already had an inheritance from an uncle and expects her parents to leave her property.

Sorry for the essay. I didn't want to drip feed. Thoughts much appreciated.

I guess the idea of holding up a mirror to my elderly parents and confronting them with the reality of how they/ my brother behaved is something I am struggling to get my head around.

OP posts:
Needmoresleep · 10/08/2022 08:58

You will be surprised how many people have similar problems. Centre your uncle. He seems to have made rational decisions. He was let down by a lot of people including his son, his sister and his nephew. He wanted it to go to you. He knew it would be life changing. He recognised you are a kind person and gave permission for you to pass some to your brother.

Tell your parents that you feel it important to honour your uncle's decisions. Without being mercenary you earned it. At the back of their minds they will be thinking of who might step forward when they need help. My late DM genuinely thought that DB would invite her to live with him, I have no idea why. He was only up for two 30 minute visits a year - when his football team was playing nearby. They might decide to "rebalance" through their Will. However if they become frail you are likely to see this Will as you help move them into a care setting or take over responsibility for their finances.

It will be a difficult conversation. I think best tackled by suggesting that in light of your Uncle and your cousin's deaths they set up Powers of Attorney well in advance of when they think they might need them. (They should anyway.) Who do they want in charge? Is your brother happy about signing up for a lion's share of responsibility? DB wasn't which, if she had done the paperwork in advance of need, would have been a useful reminder that the perfect son was actually quite selfish.

A stray thought. Is your brother asking for money from your parents? If so it may explain why they want him to have some of this.

HowzAboutIt · 10/08/2022 08:58

There is absolutely no point in given your brother a "token" amount.

Unless you split the whole amount 3 ways (your mum, you and brother), you will never hear the end of it.

Anything less will cause more trouble than it is worth.

So you may as well keep the lot - as was intended by your uncle.

RedHelenB · 10/08/2022 08:59

fallfallfall · 09/08/2022 23:26

for the sake of some peace; i would share with your brother and parents. i would only share once taxes were settled so maybe in 6+ months time. once you know the full amount of what you have (and time has passed so less emotions) i would be kind to both but be generous with myself as well.
with the amounts you mentioned i would consider 100K to the brother (nice round number) and 100K to your nasty on your case parents to shut them up somewhat.

I think this could be the solution.

SushiShopSearch · 10/08/2022 09:00

I think you are thinking of being extremely generous. Your uncle's wish was for you to have the inheritance. You have no need to tell anyone in your family how much you receive. Remember you will need to pay tax on the amount.

If you really feel the need to give to your parents and your brother, give them 25k each, which is still a huge amount of money.

UniversalAunt · 10/08/2022 09:01

‘I am dreading Friday. I have to make a long car journey, for reasons to do with my poor uncle, and now my parents have invited themselves along. It is too outing to explain properly. The prospect of about 7 hours in the car with them is giving me sleepless nights.’

Friday? As in day after tomorrow?
With Amber weather alerts?
A long car journey, extreme heat, already with heightened emotions, & then your ghastly grabbing rellies as well. Just no.
Have to? Really?

Tell your parents ‘NO, you are not coming with me on Friday.’
Why?
’I am not travelling that day due to extreme heat conditions.’
End of.

Then go anyway if you want to.
Anyone can change their mind 😉

rookiemere · 10/08/2022 09:03

HowzAboutIt · 10/08/2022 08:58

There is absolutely no point in given your brother a "token" amount.

Unless you split the whole amount 3 ways (your mum, you and brother), you will never hear the end of it.

Anything less will cause more trouble than it is worth.

So you may as well keep the lot - as was intended by your uncle.

I agree with this.
Unless you split it 50/50 you will be treated horribly. However even if you do split it 50/50 there is no guarantee that DPs will be nice to you and do an even split from their inheritance.

If you're going to give DB anything, make it small.

Also the advice about waiting until probate is sorted and you know the exact amounts involved is wise.

Your DH seems to be in the right place on this. Listen to him rather than your toxic and demanding DPs.

1dayatatime · 10/08/2022 09:03

Firstly I am so sorry for you that after losing your Uncle who you seemed to have a close relationship with you that you now are thrown into petty squabbling about money. I have also been involved in a nasty intestate administration.

But building on the previous excellent post by @LolaButt :

It was your Uncle's very clear wish that you are the sole beneficiary, I think this was because he genuinely appreciated the care and love you showed him and he deliberately excluded the others because he saw no such live or care.Think about how he would view the reaction from your parents and brother now and whether this would have changed his mind on the distribution list in his will or just reinforce his previous decision. He trusted you and so it should be about honouring what he wanted not anyone else.

I think the only reason you are considering giving any money to your parents and brother is to buy their silence and contact. True families should not have to buy love from one another. Also no matter what sum of money you give them it will never have been enough and they will still always resent you and cut you out of their will. I would simply refuse to discuss the final distribution with them or they will start trying to hold you to things you mentioned. Jake f they insist I would spell it out and ask what exactly is the price they would like you to pay them in return for being civil to their daughter/ sister, whereas your love for them is unconditional and free - because that is what it comes down to.

Under absolutely NO NO circumstances have anyone else being a joint executor with you. All decisions by executors have to unanimous. If you are disagreeing now then executing the estate will be impossible and you will rack up an enormous legal bill (think £50k) trying to fix it. It is in nobody's interest for the inheritance to line the pockets of probate lawyers.

In my own case I was an executor of an insolvent estate that had a lot of assets but also a lot of large secured debts behind this. Also there were a large number of beneficiaries. Of course everyone saw the assets but didn't see or want to accept the debts so there was masses of legal correspondence and arguments that wiped out any hope of a small inheritance anyway. Most upsetting was the accusations that I somehow had my hand in the toll whereas the truth was I was left £25k out of pocket (legal costs) and had to deal with a large amount of abuse from so called living relatives.

My advice is simply follow your Uncle's clear will and wishes - if you deviate from this it will get messy, upsetting and very expensive.

Rapunzel91 · 10/08/2022 09:04

Do NOT give them anything! If you're uncle wanted them to inherent that would have been made clear in his will. Just because someone's related to someone does not mean they deserve their money.

So sorry for your loss, you sound like a lovely person xx

Getoff · 10/08/2022 09:05

Endlesslypatient82 · 10/08/2022 07:49

Yes.

So she did know rather than not thinking she’d “get a bean”

The past consists of more than one moment, and what she knew at one time is not what she knew at other times. The relevant moments are the ones where she was having a relationship with and caring for her uncle, since she was responding to an accusation of having an ulterior motive. She had a relationship with her uncle for years, but his son only died a few months before he did, and he only changed his will a few months ago. So for the vast majority of her relationship with him, she would have assumed everything was going to his child.

She only "knew" just before the uncle died, after he had changed his will, that's the first time the conversation about giving something to the brother could sensibly have happened. So for the vast majority of moments, she did not "know". During the period her uncle was alive, a fair statistical summary across all moments is that she did not not know.

godmum56 · 10/08/2022 09:05

MalFunkshun · 09/08/2022 22:59

Have to agree with everyone else - I can’t see the case for giving them anything 🤷‍♀️ also, please don’t forget your uncle’s wishes in this. He made his choice pretty clear; how would you feel if you did likewise and your beneficiary decided to ignore that? I can’t believe he would have wanted a sum like £125k going to your brother and not have got that down in writing.

this. DO NOT let your parents or anyone else in on the executorship. You are two people at the moment, you are the executor and also the beneficiary. As his executor your have a legal duty to comply with the law (settle debts, pay inheritance tax and so on) and a legal duty to comply absolutely with the wishes of your uncle as expressed in the will. Once your executor duties are all done and you as beneficiary have control of the assets then you can decide what to do. In the mean time one other thing I would advise is that you should be changing the locks on where your uncle lived as a matter of urgency, and take into your own posession, if you haven't already, stuff like chequebooks and bank/credit cards, also anything else of value.
Then you need to decide whether you would accept going NC with your family, because that is how this could end. personally in your circs I'd do it in a heartbeat but I am not you. Consider also that any amount that you do give your brother will not end this. You could/would end up being the family cash cow who can be bullied into coughing up whenever someone feels they need money.

Oddbutnotodd · 10/08/2022 09:05

OP.
I have read all the responses.
I understand asking complete strangers what to do and their experiences.
Your parents need nothing and should receive nothing.
Your brother maybe £10k but do nothing right now.
Don’t involve a solicitor unless you want to give them a percentage of the estate or if it’s overly complicated. HMRC have a specific department to help with estates. Use that resource first. Don’t involve your parents.
Look after your own family first. Your parents, especially your mother will resent you no matter what you do with the money. They will most likely favour your brother whatever you decide now.
Somehow don’t take your parents on Friday.

You can’t change your family’s attitude but you can manage your reaction/behaviour.

Good luck with everything

Wheresthebeach · 10/08/2022 09:06

I'm sorry you're going through this. Honestly, the sooner you stand up to them the better. I had lots of sleepless nights, then once they got everything they wanted, I had endless sleepless nights wondering how they could it...and being angry with myself for letting them walk all over me.

I keep things civil with them for the sake of our children. I thought we were close, but that was only as long as I did what they wanted. If I'd stood up for myself maybe things would be better now, as it is if I never see them again I'll be very happy as I resent the lifestyle they now have at my expense.

Your children, your life, comes first. Not these grabby bastards that didn't give a hoot about your Uncle.

Rewis · 10/08/2022 09:06

While £125k is a fuckton on money and generous for you to do. It won't do anything. The relationship is damaged. If you go 50/50 you'll be resentful towards your parents for starting this whole thing. If you give £125k they will be resentful for you not giving 50% and you'll be resentful for giving this amount of money and them being resentful. If you give the money, know you're doing it to help out your brother and not getting anything in return.

deeperthanallroses · 10/08/2022 09:07

TommySaid · 10/08/2022 08:39

Do what you think is best but I do know two people who have been in this situation and they gave their family a smaller amount out of good will.

But both of them were called selfish, thieves etc and none of their family and some of their friends have fallen out with them and they’ve been completely ostracised.
It’s been about over 10 years for one and 20 years for the other and still their family don’t want anything to do with them.

Me and my siblings have said because we don’t want to end up like these other family members then we would split it equally regardless of circumstances.

I don’t think your parents should get much as this money is more useful for a house deposit etc which they don’t actually need. But I would speak to them about this.

Maybe it could be brother £150k. Parents £50k and you £300k which is more than enough.
You could say the total amount was £200k so you have simply taken £50k more considering it was left all to you.

Honestly I read that and I don’t think the message is they should have split it. I think it sounds like they were too kind in giving the family anything, it obviously wasn’t valued in the slightest!

Crazykatie · 10/08/2022 09:08

There is nothing like inheritance to cause a family rift, your uncle left the money to who he thought deserved it, make sure his wishes are observed. Your ideas giving some to your brother and parents are entirely reasonable stick to that and to hell with the rest of them.

Zeus44 · 10/08/2022 09:12

F them all. Give them 1% of it and say that’s it. Nothing else.

Hoppinggreen · 10/08/2022 09:14

It would actually be very disrespectful to your uncle to give them anything
He made his will so you should carry out his wishes as per the will
If you choose to give an amount to your brother it should be because you want to rather than die to pressure from your parents

ancientgran · 10/08/2022 09:15

Hoppinggreen · 10/08/2022 09:14

It would actually be very disrespectful to your uncle to give them anything
He made his will so you should carry out his wishes as per the will
If you choose to give an amount to your brother it should be because you want to rather than die to pressure from your parents

Her uncle asked her to give some to her brother so yes she should honour her uncles wishes.

UniversalAunt · 10/08/2022 09:16

Accept your Uncle’s generosity with grace.

Once probate has been completed - likely many months in the future - settle your own financial circumstances, take financial advice about tax planning etc, get your own house in order. Help your DH revitalise his career through training, investment or change of direction. Invest for your kids’s futures. This is yours, tell your family nothing of this.

Take an extended glorious holiday with your own family - to honour your Uncle’s goodwill towards you. Go somewhere that your Uncle would be proud of your choosing. Enjoy every moment, spend every pound in honour of your Uncle. This is yours, tell your family nothing of this.

If you can afford it, bring forward some spend or very sensibly wait until probate completes or some funds are released, so that you can invest in some quality therapy to work through the burden of your fear, obligation & guilt (FOG) of your upbringing & emotional conditioning. Invest in yourself. This is yours, tell your family nothing of this.

Until you are comfortable about your good fortune, borrow your Uncle’s goodwill about how you manage your inheritance.

Your Uncle made clear cut decisions about what to do with his estate.
The easiest thing to do was just to leave everything to his sister…but he went out of his way to make sure that didn’t happen. Take the hint.
The easy thing to do when he wrote his new will was write in your brother as an equal beneficiary, but he went out of his way to make sure that did not happen. Take the hint.

One day maybe in many years to come, you might consider with a cool head & a calm head, lending yourself brother some money from the estate. When you know that it will be used wisely.

Agree nothing with your family.
Sign nothing.

Needmoresleep · 10/08/2022 09:20

It makes no sense to give money to your parents if they are comfortably off. For tax reasons parents who have "enough" will often start helping with deposits, paying for things etc, to reduce the size of their eventual estates.

I might say something along the lines of we don't plan to share but obviously if you need help in the future, either practical or financial, we will be there to help.

And ask them why they think your uncle would have wanted money to go to your brother, or indeed why your brother feels he deserves it.

MsRosley · 10/08/2022 09:21

Your uncle had his reasons for arranging his will in the way he did, and I think you should respect that. Perhaps he despised your brother/parents. I would not want my money to go to people I didn't like.

anotherscroller · 10/08/2022 09:21

UniversalAunt · 10/08/2022 09:16

Accept your Uncle’s generosity with grace.

Once probate has been completed - likely many months in the future - settle your own financial circumstances, take financial advice about tax planning etc, get your own house in order. Help your DH revitalise his career through training, investment or change of direction. Invest for your kids’s futures. This is yours, tell your family nothing of this.

Take an extended glorious holiday with your own family - to honour your Uncle’s goodwill towards you. Go somewhere that your Uncle would be proud of your choosing. Enjoy every moment, spend every pound in honour of your Uncle. This is yours, tell your family nothing of this.

If you can afford it, bring forward some spend or very sensibly wait until probate completes or some funds are released, so that you can invest in some quality therapy to work through the burden of your fear, obligation & guilt (FOG) of your upbringing & emotional conditioning. Invest in yourself. This is yours, tell your family nothing of this.

Until you are comfortable about your good fortune, borrow your Uncle’s goodwill about how you manage your inheritance.

Your Uncle made clear cut decisions about what to do with his estate.
The easiest thing to do was just to leave everything to his sister…but he went out of his way to make sure that didn’t happen. Take the hint.
The easy thing to do when he wrote his new will was write in your brother as an equal beneficiary, but he went out of his way to make sure that did not happen. Take the hint.

One day maybe in many years to come, you might consider with a cool head & a calm head, lending yourself brother some money from the estate. When you know that it will be used wisely.

Agree nothing with your family.
Sign nothing.

What a beautiful post

Bobby80 · 10/08/2022 09:24

I’m sorry for your loss and the stress that’s followed.

Your uncle wanted you to inherit. He obviously loved you and probably knew he could change your life. He also knew he could leave any amount her wanted to anybody else but didn’t, probably for very good reason! It’s yours.

UniversalAunt · 10/08/2022 09:25

‘Until you are comfortable about your good fortune, borrow your Uncle’s goodwill about how you manage your inheritance.‘

Meaning that you keep his goodwill in your mind far & above your parents grievances & harrying you for what is yours.

theremustonlybeone · 10/08/2022 09:27

Don’t allow them to come with you for the 7hr car journey. They will use it to emotionally abuse you. This is an opportunity for you and your family to change your future. Step away from them and focus on your self for the moment. Money and inheritance brings out the nasty in people