My brother has just been shafted out of £29k , I’m really angry.

[AchillesLastStand]

My Dad died in June this year from Alzheimer’s and left a valid will from 1993 leaving his estate of £115k to shared equally between his two children. My brother and stepbrother are down as executors. Since he died my two stepbrothers, the executor one and the other one have been making demands on the estate, as large as 75%. Now tonight, after 5 months of fighting them , my brother waves the white flag of defeat and offers them 25% of our inheritance without even asking me. I’m furious with my brother. He can just give away his sister’s inheritance without at least talking to me first. It’s the lack of communication that hurts the most.

What would you do? I can’t get them both removed as executors because the legal costs are enormous and it has to go to the high court. They have however acted illegally and are guilty of gross misconduct. I’m not sure I can even speak to my brother again after such a betrayal. It isn’t what we agreed.

What country are you in OP?

Surely you'd have to agree for this to be possible

please post on legal

https://www.mumsnet.com/talk/legal_matters

So you shared part of your unrelated SM's house but you don;t when them to share your Dad's?

England

Not an expert on it but they are probably expecting your father’s estate to be split between the four of you like their mothers was.
Even if your step mother didn’t like you, you still inherited money so the step brothers are probably thinking it’s only fair for them to be given something too.

Not sure your brother can do this without your agreement but i‘m not clued up on those things. I would speak to the solicitor about it all.

So she left her house to DC and SDC. What went to your dad?

They can't just decide to go against the will but would they maybe have some kind of case if they had taken it further?

tell them you’ll be hanging on to your inheritance but brother Dan do what he likes

The 25% share of the house was my dad’s money. He worked full time and paid the mortgage, he extended the kitchen and did other alterations to the house. It was his money.

This is a complicated case and have asked that it be moved to the legal forum for some much needed advice.

I’m confused as to why your dad nominated one of the stepsons as executor if he didn’t have a great relationship with him?

The 25% was my Dad’s share. He had to go into a nursing home, and the house was sold and his share was distributed among by brother and I.

I’m confused about this too!

Has probate been granted? If so, you only have 6 months after that to challenge the will. You can challenge them as both executors and beneficiaries, but you will need to seek legal advice, it isn’t something you can do by yourself.Unless they can claim under the Inheritance Act, you would all have to agree to a Deed of Variation, which simply put, is rewriting your fathers will. It is the job of the executor to ensure all debts are paid, monies due are collected and distributed as per the will. Get an injunction stopping them from spending anything more until this is settled. Don’t give up

The executors can't just willy nilly change the will.

Was there a discretionary trust involved where the two executors were trustees? They might have disolved that (if they can?) and might be free to distribute as they want? I don't know, not a lawyer, just wondering how they can ignore your dad's wishes.

I thought you said it was left by your SM, with her detailing what share you should get, not that it was your DF's share. People can't help if you're not being completely honest.

The executors can’t change the will and what goes to who. I’d speak to a solicitor

It was left to my Dad by my SM upon the event of him remarrying. The will never covered care home scenarios. If he died my SM’s trust for the house stated that my brother and I automatically get the 25% share of the house, her sons 75%.

OP called them step-brothers, not half brothers, so I would not assume they are his children.

You’ve posted about this issue several times, and have never once shared this bit of information.

You need to be transparent with all the facts if you want advice.

I have posted about this topic several times and always believe I’ve posted bout all the facts because it’s a complicated case.. I have shared this bit of information because it’s integral to how unfair I think I was treated. I was never given any valid reason for being treated like this.

if your dad had a share of the house shouldn’t that have been used to at nursing home fees?

No because the nursing home he was in was funded by the NHS as his Alzheimer’s was so bad he couldn’t go into a regular care home. We made sure to check this at the time,

I believe you need to make clear to your brother asap that you are not varying your portion of the will. If he chooses to share his portion - fine, but if you do not receive your 50% you will involve lawyers.

Do you have legal cover as part of your contents insurance or via a union membership? If so you may be able to get some initial advice via their phone helpline, although given it sounds a bit complicated, you might need to splash out for an in person consultation so someone can look at the paperwork for you.

There's a chunk of info missing...

In OP's other thread, she mentioned a codicil which included stepchildren.

It's inaccurate to say that your father left the money only to you and your brother gave 25% away.

I'm sorry, it probably doesn't feel fair, but that's what the 'updated' will says.