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Original poster

Stepbrothers trying to steal my inheritance

70 replies

AchillesLastStand · 03/09/2023 07:26

My dad died in June this year after a short battle with Alzheimer’s. It was very hard and emotionally draining to watch him deteriorate so quickly. He left my brother and me his entire estate (around 100k in savings). He left a will stating this when he was of sound mind and witnessed by 2 solicitors.

My dad remarried when I was 15 to a woman with 3 adults sons. Now two of the sons are claiming a stake in the inheritance even though they are not beneficiaries in the will. Both of them are very wealthy and don’t need the money. The problem is one of the sons is an executor of the will along with my brother and he’s refusing to start probate until he cuts a deal with brother and I.

I don’t know how to go forward with this. My brother is finding it hard to cope after losing his dad who he was much closer to than me. Our stepbrothers are making all sorts of spurious claims like my dad told them that the ‘wider family’ would be accounted for in the will, and my dad had so much money in the bank he must have been hiding money from their mother/my stepmother who died 12 years ago. I know these claims aren’t legally valid but they’re going to make things as difficult as they possibly can for my brother and I. Does anyone know how we can force my stepbrother to start probate? We have told him there are no deals to be made.

OP posts:
Magnoliainbloom · 03/09/2023 07:29

You get yourself a lawyer to communicate with him.

Iluffalan · 03/09/2023 07:30

Hi OP, I would ask for this to be moved to the Legal section. There are some excellent knowledgable posters there. Best wishes.

Original poster
AchillesLastStand · 03/09/2023 07:31

Thank you. I’ll ask for it to be moved.

OP posts:
allofthelove · 03/09/2023 07:32

I work in this sector. Id advised to get a estate lawyer who will communicate with him .

Zebedee55 · 03/09/2023 07:32

See a solicitor. They will know how exactly to proceed.🙂

BranchGold · 03/09/2023 07:32

On what grounds are they actually disputing the will? I think there’s actually very little valid reason you can dispute a will, and that would be things like the will being bull and void because he was not of sound mind at the time of its implementation (which you say is not the case for you) or that the individuals were financially reliant upon the deceased for their day to day needs, such as an adult child unable to work who was housed and supported by the deceased up to the point of their death.

Do you know if your step mother had a will when she passed away? And was there any assets that she had in her estate/where they went?

I’m sorry for the passing of your father and this additional stress now.

daisychain01 · 03/09/2023 07:36

If your brother is struggling to cope being an executor to your father's will, can you step in and start probate.

do you personally have a copy or original Will document. Ask your brother for that document and appoint a solicitor to start the process. Explain your stepbrother is not acting on the best interests of the deceased in executing their final wishes.

it will unblock the stalemate your step brother has created and get things concluded quickly, especially if the estate is a 50/50 split of savings, once all disbursements relating to your father's estate have been concluded.

there is nothing to stop your brother sharing his 50%, you don't have to. I can't believe your stepbrother is so grabby he wants to force your brother to strike a deal when he's vulnerable and grieving. Vile.

EyOopDucky · 03/09/2023 07:36

As executor you are there to ensure the deceased wishes are followed. You have no power to change or alter anything
As pp stated get yourself proper legal advice

Original poster
AchillesLastStand · 03/09/2023 07:44

BranchGold · 03/09/2023 07:32

On what grounds are they actually disputing the will? I think there’s actually very little valid reason you can dispute a will, and that would be things like the will being bull and void because he was not of sound mind at the time of its implementation (which you say is not the case for you) or that the individuals were financially reliant upon the deceased for their day to day needs, such as an adult child unable to work who was housed and supported by the deceased up to the point of their death.

Do you know if your step mother had a will when she passed away? And was there any assets that she had in her estate/where they went?

I’m sorry for the passing of your father and this additional stress now.

Yes, my stepmother had a will and all her savings were divided between her 3 children. She left notes with her will that stated her savings were to be divided between her children and my dad’s savings were to be divided between his two children.

She had a house that was hers outright that my dad lived in until he had to go into a nursing home. She left a will leaving my dad 25% of the house and her three sons 75%. When my dad had to go into a nursing home the house was sold and the funds were divided. My brother and I got my dad’s 25% share as my dad was terminally ill at that point. I think my stepbrothers are really bitter about this.

But no, there are no claims on the will as such. They’re trying to make my brother who is emotionally drained and vulnerable fold and hand over some of the money before probate commences.

OP posts:
daisychain01 · 03/09/2023 07:49

Our stepbrothers are making all sorts of spurious claims like my dad told them that the ‘wider family’ would be accounted for in the will, and my dad had so much money in the bank he must have been hiding money from their mother/my stepmother who died 12 years ago

get a solicitor involved, they will have heard numerous permutations of "we were told we would be taken care of in the Will".

the only thing that holds legal weight is what is stated in the legal Will document which must be signed and date and witnessed by two independent people. Whatever claims your stepbrothers are lying about stating are irrelevant. I would get the probate underway asap, and even if they threaten legal action, ignore. They are losers and the "grabbers coming out the woodwork" that every family has to put up with.

Proudgypsy · 03/09/2023 07:50

Just one more voice saying get a solicitor.

BranchGold · 03/09/2023 07:51

In that case I would push for the two executors to carry out the terms of the will, and state your 50% will be ring fenced for its intended beneficiary.

Speak to your brother and say if he personally wants to gift his step brothers assets, that’s his call to do once the will has been wrapped up.

SaturdayGiraffe · 03/09/2023 07:53

If an executor fails to act entirely and doesn’t apply for the Grant of Probate, you – as the beneficiary or next of kin – can apply to the court to ask someone else to administer the will. However, you should first write to the executor to warn them that you intend to take this action if they continue not to perform their duties.

https://www.newtons.co.uk/news/what-to-do-if-an-executor-fails-to-act/#:~:text=If%20an%20executor%20fails%20to%20act%20entirely%20and%20doesn't,else%20to%20administer%20the%20will.

Advice on What to Do if an Executor Fails to Act

What can you do if an executor fails to act or if an executor is not acting in the best interests of the estate? Find out here.

https://www.newtons.co.uk/news/what-to-do-if-an-executor-fails-to-act/#:~:text=If%20an%20executor%20fails%20to%20act%20entirely%20and%20doesn't,else%20to%20administer%20the%20will.

determinedtomakethiswork · 03/09/2023 07:54

The relationship between you is so damaged now that the only thing that you can do is to contact a lawyer.

daisychain01 · 03/09/2023 07:58

When I lost my late DH, his ex demanded that I reassign his insurance policy which could only be paid to the eligible legal widow (ie me). I got my solicitor to write a letter to explain the legal reality of that situation - it needed a third party to do that, for them to accept the facts.

There are CFs everywhere who see it as an opportunity to put their snout in the trough when someone is vulnerable.

SarahMused · 03/09/2023 07:59

Why did you get the 25% of your step mother’s house when your Dad was still alive? Did he give it to you as a gift because he knew he was dying or did you just take it? Could it be this that is causing the ill feeling? This money might also be part of your Dad’s estate.

nicknamehelp · 03/09/2023 08:06

I would tell your dB to stop all communications with them. Get a solicitor and hopefully 1 strongly worded letter from him will get them to back of and they can advise you on how to get probate sorted/this person removed as trustee.

Hibiscrubbed · 03/09/2023 08:07

But no, there are no claims on the will as such. They’re trying to make my brother who is emotionally drained and vulnerable fold and hand over some of the money before probate commences.

Cease all contact immediately (and forever more, with the money grabbing cunts) and instruct a lawyer to contact them laying it down plainly.

Some people are astonishing in their sense of entitlement and greed.

OdeToBarney · 03/09/2023 08:16

Get a solicitor to write to them to say that if they don't cease this behaviour, you (well your brother) will make an application to have them removed as an executor. Worked (eventually) in our case.

Original poster
AchillesLastStand · 03/09/2023 08:17

SarahMused · 03/09/2023 07:59

Why did you get the 25% of your step mother’s house when your Dad was still alive? Did he give it to you as a gift because he knew he was dying or did you just take it? Could it be this that is causing the ill feeling? This money might also be part of your Dad’s estate.

Yes, my dad gifted us his share of the house. To be perfectly honest I was gobsmacked to get anything and didn’t know anything about that will until the house had been sold. I didn’t exactly get along with stepmother and her will stated that if the share of the house came to my brother and I that I was to get only 25% of the 25% share and my brother 75% of the 25% share. My stepbrothers are now suggesting to my brother that my dad’s assets should now be shared on these same lines, with me getting 25% of a 25% share of my dad’s money and them getting 75%. This is why I’m feeling very upset and hurt about this and it’s going against my dad”s final wishes

OP posts:
BranchGold · 03/09/2023 08:17

Am I right in saying it’s your brother as well as one of your step brothers who are joint executors?

BranchGold · 03/09/2023 08:20

Also, at the point of your dad selling the property for care needs, was there no question mark in regards to his 25% paying towards care fees? I might be concerned that the local authority may question that, so I just wanted to ask if you’d sought legal advice at the time as I do understand certain conditions/LHA funding mean it isn’t a requirement but it’s worth knowing for certain.

RexWillKillYou · 03/09/2023 08:20

SarahMused · 03/09/2023 07:59

Why did you get the 25% of your step mother’s house when your Dad was still alive? Did he give it to you as a gift because he knew he was dying or did you just take it? Could it be this that is causing the ill feeling? This money might also be part of your Dad’s estate.

Presumably because her father owned 50% of it, and that was her share, her brother getting another 25%.

I would definitely play hardball with this fucker. Is there anything in writing from him that you might be able to go to his regulator with. But yes get a solicitor.

Random789 · 03/09/2023 08:24

Do get a lawyer. It sounds like the sort of thing that could be effectively resolved quite simply with a lawyer (since presumably an executor is not allowed to be obstructive in oder to overturn a will?), but which would be an emotional nightmare to deal with without one.

Clymene · 03/09/2023 08:25

A probate solicitor will be able to help.

I'm so sorry, what horrible grabby men