AIBU to think BIL should not get extra from late FIL's estate?

[boymummyoftwo]

Father in law passed away last year. FiL and MIL divorced not amicably. As such estate left to DH and 2 Brother in laws. One BIL still lived in the family home, however has been living with MIL since. He is not executor on will. Will states to be divided equally amongst DS. House is now sold, and last night DH got email from MIL saying that his brother should get an extra 20k for all his hard work cutting grass and clearing house and negotiating sale of the house. AIBU to think this is a bit out of order? MIL has put DH in very uncomfortable position and it's causing friction.

Technically if he wants £20k more then dh from the estate, it would out as 40k? I think..

So say for example estate is worth 200, so 100 each
Take 20 off one and give to the other makes it 120 v 80, so bil is doubly out of order

Surely it’s none of your business, it’s for them
to decide between them.

Executor is a relative FIL made executor, presumably as they are impartial and intelligent! I hate to think how this would be if said freeloader was executor

The executor must administer the estate in accordance with the terms of the will.

I think your DH could just say that and add that he won't be giving 20k of his share to his brother.

The will dictates the share out.

If BiL wasn't executor, why was he negotiating the sale?

If it is true that he has been doing all the work in the house and for the sale then I think it would be fair for the other two to give him extra. But not 20k as that is excessive! More like an extra 1k.

Executor should be following the wishes of the deceased as set out in the will. If the family start arguing about it then the executor has every right to appoint a solicitor to ensure that everything is done legally. The costs of which come out of the estate.
if MIL wants to she can adjust her will to bequeath BIL the 20k.

Came to say this.

I would suggest to MiL that actually, he owes the 2 other brothers back rent for living in the family home.

Hopefully that'd shut her up.

Absolutely stick to the will and follow FIL's wishes.
Ignore MIL completely.

The answer is no.

Your FIL specified equal shares. His wishes should be respected.

If your BIL lived rent free for 20 years, then mowing a bit of grass is surely the least that he could have done.

You and your DH don't have to engage with this bullshit.

Well I think he is being cheeky, but on the other hand it’s ridiculous that you don’t get any payment for being an executor.
Im currently sorting out an elderly relative’s house and I reckon I have spent about 250 hours so far (he was a hoarder), sorting, cleaning, going to the tip and doing paperwork. It’s still not finished yet.
Even at minimum wage that’s a few thousand for my time and petrol.
My advice is to think very carefully before you take it on, it’s a much bigger job than you think.

Cheeky fuckers!! 20
years rent, at even a low rent I’d say £100 per week, £104k … I think he can upkeep the house that he’s been living in for 20 years rent free!

MIL is absolutely nothing to do with this yet she thinks her opinion should override the actual will. Your FIL was completely clear about how it should be split and that’s what needs to be followed. How disrespectful to your FIL to ignore his final wishes.

Thi isn't strictly true. It would be completely legal for the two brothers to agree to a deed of variation under which they agree to give more to one brother (or even easier a handshake deal and they transfer after funds are distributed).

Everyone's getting a bit up in arms here. The question for is whether this brother did go above and beyond and do more than everyone else. 20k seems high, but sorting out the house for sale is normally quite a horrible job. If they were left to do it alone, I might be willing to agree the get something for that just for the sake of not starting a family argument.

That said they don't have to.

As pp mentioned the executor must act in accordance with the will, so that’s a no to an extra £20k.

If he wasn’t the executor then I doubt he was negotiating the sale or acting alone as the estate agent would Ime only deal with the executor.

Sure. Charge him £20k rent.

Honestly, people are greedy.

Or anyone approved by the executor. Just because he's not the executor doesn't mean he wasn't doing any of the work with the estate agent. The executor would need to give the final sign off but it doesn't stop someone else being involved as well.

Of course he might not have done anything special, but OP hasn't said he didn't do this work. Negotiating the house sale isn't a big deal. Clearing the house is potentially a massive job. 20k? No. It's not nothing though. It depends whether he had to do this work because no one else was willing to, or if he insisted he wanted to without mentioning payment.

I said my sister should get more for dealing with the house sale and dealing with the will. She laughed. I wasn't thinking of that much though.

The will should be respected. None of this is admin costs such as legal fees.

Who is it causing friction between?

I absolutely think it would be nice if he got a bit extra. I'm just selling my parents' house and looking after it and being the chief negotiator is a pain in the bum! He's taken a huge amount of work off you and you SHOULD want to recognise that! However 20k is taking the piss. £200 yep go for it. £500 if you are feeling generous!