Stepbrothers trying to steal my inheritance

[AchillesLastStand]

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.

Another vote for getting a solicitor, and asap. Your stepbrother cannot do this, and your brother needs to stand firm and tell him so.

I have been in the midst of a contested Will, and although the people contesting it didn't have a leg to stand on, it took several months, and a lot of money, to sort out so I know just how unpleasant it can all be. You certainly see a different side to people's personalities. Good luck.

Definitely get a solicitor on board. The stepbrothers are just playing nasty games, get your brother to cease all personal contact with them.

Agreed

Yes.

I echo everyone else's advice to get a solicitor.

Family member of mine passed and left monies to his nephew. Around a hundred thousand . The vultures descended and there was a stepchild who wanted a slice. Solicitor was great and they gave up pretty quickly once they got their own solicitor and were told how much it would potentially cost to get this to court, and that they had very little if any chance of winning and would be left with huge costs.

My dad was in a nursing home funded by the NHS rather than a care home. He care needs were too great at that point. We did thoroughly check this out at the time.

That’s reassuring that it was all covered completely at the time op.

I echo what other posters are saying, get a lawyer to draft up a letter to both executors talking about them blocking completing the terms of the will and to get on with it. Communicate with your brother about why you’re doing it, so that the legal course is taken care of and it takes the pressure off him.

I’m sorry this is happening, op.

As executors, your brother and step brother need to act in the interests of the beneficiaries and your brother has no authority to make a deal on any of your share anyway. Your stepbrothers have had an inheritance from their mother, I don’t know what their problem is tbh x

Your stepbrothers have had an inheritance from their mother, I don’t know what their problem is tbh

Their problem is quite a common one, unfortunately, it is nothing more than greed.

I’d be interested to know if the clause in your stepmother’s will dictating how your dad’s 25% share of the house should be divided is legally enforceable. Surely once it became part of your dad’s estate it was his to dispose of as he wished?

Would your dad have had mental capacity to gift you that money ?

I'm really sorry for your loss, and sorry too that your stepbrother is making this a hundred times worse by being a greedy chancer. I agree that you should go to a solicitor and get advice.

This is what the executor should be doing: www.thegazette.co.uk/wills-and-probate/content/103429

Not arguing about the terms of the will and trying to blackmail you! What a shit he is.

This is in the op’s original post, so yes.

”). He left a will stating this when he was of sound mind and witnessed by 2 solicitors.”

Yes he agreed to sell the house shortly after his diagnosis when he was still living there on his own should he have to go into a care home.

The problem is the house was owned outright by my stepmother. When she died she left a will dictating how the money should be divided should the house be sold in the future after her death. If my dad died/was incapacitated she dictated what share we were to receive as his children. As a beneficiary I could have contested the will but didn’t because I respect that people are free to make their own wills and their wishes should be respected.

Whilst lawyers are expensive, it is far better to appoint a professional as executor rather than relations. I have seen this many times, the relation is pressurised from all sides and often does not know the law.

@SheilaFentiman . It wasn't clear from the post. It read to me that the money from the house was seperate from the £100k in the will.

It sounds like the house was sold whilst the dad was alive and gifted to the OP and her brother then , so nothing to do with the will.

As others have said, I'd just spend some money on a solicitor.

At first I thought maybe it’s unfair because their mother died first so your dad probably got all of her share. However after reading your second comments about how she already gave him money in her will, I am now astonished at his grabby selfish behaviour! Also this will also go in your favour because he cannot claim that it’s what was owed from his mothers passing. Fight it tooth and nail. Don’t let him win.

Be very clear with your brother that he is to stop discussing this with your step brother, and make no deals and hand over no money, especially not your share.

Their mother is dead. They’ve had their inheritance. This is nothing to do with them. Tell your brother to do nothing and go to a solicitor. Don’t back down and don’t let your brother hand over what your dad has left to the two of you.

Would Greedy Fucker be satisfied if you gave half your share of the 25% to your brother so it’s then split 25/75 as per his mum’s will? I assume not 🙄

What is his reasoning for thinking that your dad’s money should be split the way his mum split hers with you?
His mum’s was hers to do with as she pleased. She gave you and your brother a small part (through your dad’s share of the house). She decided it was to be split 25/75. Fine. That’s hers.

Why does he think your dad’s money should be split the same? What’s his actual reason? Why does he believe he has any claim at all?

Your dad shouldn’t have made your step brother an executor. Who thought that was a good idea when he could have just had you and your brother.

Assuming it was a long standing will and not one made shortly before he died I imagine there would be no grounds to contest it.

I'd be asking for your share of their mothers will
Cheeky monkeys.

I would strongly advise you step away from all contact with your toxic step family. The only thing you have in common is that your father married their mother. Apart from that association, they need not have any other role in your life - unless you have historically had a strong relationship with your step mother's offspring which it sound like you haven't on account of them now wanting to royally shaft you and your brother.

their every utterance is based on the premise "well, they would say that, wouldn't they".

deal with it 100% through the legal route of a solicitor who will act as your buffer against greedy non-entities. People show themselves in their true colours when the deceased are sadly no longer around to control the situation and they can attempt to trample over your feelings at a time of your loss. Don't give them any license to do that, solicitors are paid to "police" that situation.

@AchillesLastStand This is a case where paying for legal advice is worth it.
A strongly worded letter pointing out as Executor he has a duty to distribute the estate as per the will and that he can be held personally liable for any financial loss if he fails to do this e.g. the cost of writing this letter.

Also, Suggest he renounces and allows your brother to proceed as sole executor.