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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

WWYD - inheritance related

11 replies

MisguidedAngel · 16/11/2013 12:02

I’ll try to be succinct, but it’s long.

My narcissistic mother died 5 years ago, my brother and I were sole heirs. We both live abroad, he in the States, me in Europe. He was golden boy with hardly any contact and a great deal of unexpressed bitter resentment towards her (to be fair, I think he was more damaged than me). I had a period of NC but relented because she was my daughters’ only grandparent. I learned to have a reasonable amount of contact and support her without getting sucked in while also protecting my daughters.

I was sole executor because of his distance. When she died I was still in hospital after 4 months of operations and rehabilitation after a bad accident and I had to discharge myself about a month before it was advisable. With the help of my partner I dealt with lots of problems including evicting non-paying tenants from one of her properties then organising the major clean-up required. All this meant travelling back to UK two or three times as well as liaising with solicitors, estate agents etc. I kept him in the loop the whole time and never made a decision without his agreement and didn’t charge the estate with all the expense I incurred.

Part of her estate was some land in the Caribbean which was purchased just before my father’s death 30 years ago and never developed. In the face of considerable resistance from her I had established that the land was still in his name, but she would never let me transfer the title.

My brother was distraught when she died (lots of stuff about our father’s death). He couldn’t make up his mind whether he wanted the land or not, so I said he could take his time to decide. We agreed that he should be the one to do whatever needed to be done, the most important being to establish title – I agreed to sign something that would enable him to put it in his name and I gave him all the necessary documents.

From time to time over the next couple of years I asked him if he’d made a decision (via emails, we haven’t seen each other since the funeral). He never answered the question.

After four years I wrote and said I thought it was time to make a decision. He responded with an absolute barrage of abuse, including the accusation that I was just like our mother – calculated to hurt. I turned the other cheek, only to invite more abuse and in the end I just ignored him and in my mind wrote it off. A little later his daughter got in touch with mine to say she thought that their generation should handle the matter, much to my relief.

Now, 18 months later, he has suddenly emailed me as if nothing had happened (just like our mother!) to say he has visited the island, hired a surveyor to make a valuation, hired a lawyer to transfer the title … etc. and saying “our agreement was that I give you 50% of the valuation” and “what I need from you is ….” (i.e. papers I already gave him).

I am very angry and very suspicious. My first reaction was to meekly comply. My second was to express all my feelings with no holds barred. My partner is encouraging me to vent (I suspect because he is even angrier than me, on my behalf). My best friend counsels restraint but not unthinking compliance – i.e. get my own valuation, advice re transfer etc. He needs an official waiver from me, so I am in control. I really don’t know what to do.

OP posts:
coppertop · 16/11/2013 12:25

I think your friend's advice sounds good. Find out where you stand with the practical stuff and then make the decision about the emotional side of things afterwards.

KouignAmann · 16/11/2013 12:40

So is it about the money or about the way he is behaving?
I don't see why you didn't charge the estate for your expenses unless the amount was small enough to ignore.
And if you had mentally written off the island and now you are getting something what is the issue? Do you think he is trying to cheat you? Or is it his erratic behavior that bothers you?
Either way I'm with your friend, stay calm and reasonable and keep your dignity.

MisguidedAngel · 16/11/2013 13:11

Thanks for the replies.

I meant I didn't charge the estate for absolutely everything - e.g. travel expenses. I suppose I was bending over backwards to be more than fair.

I think he's trying to cheat me, and I suppose that means it is about the money. I could justify that by saying the money will eventually benefit my daughters, but TBH they don't need it and neither do I. I don't think it will be very much anyway. No, I suppose I'm still just shocked and hurt about the last lot of shit. We've never been close (he moved to the States with my parents when I was 19, he's 4 years younger) but we've never fallen out. I do think I should stay calm, and I like coppertop's point - practical stuff first. Maybe if I do that I won't feel so upset.

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Lavenderhoney · 16/11/2013 13:22

Your friend gives good advice. Get your own valuation done by a different rival firm or two. And ask for the official valuation he has so you have it in front of you and can ensure it is all the land.

Dont tell the surveyor it has been done already.

If your db gets wind of it, you are within your rights to protect your descendants just as he is.

oldgrandmama · 16/11/2013 13:26

Certainly, the expenses you incurred as an executor, winding up the estate, should be reimbursed to you - I imagine they were considerable (I come from a lawyerly family!) But I agree with other MNetters - sort out the practical stuff first, then when that's underway, you can have a really good think, with advice from your other relatives, partner, as to what you want regarding any relationship with your brother.

Holdthepage · 16/11/2013 15:08

Definitely get your own valuation, even if you don't need the money. You will then be satisfied that he has not cheated you.

MisguidedAngel · 20/11/2013 08:25

An update for anyone still interested. After much thought I followed my friend's - and Mumsnetters' - advice. I didn't get anywhere trying to obtain a valuation because all the agencies wanted to see proof of title. So I replied to my brother pointing out that I had already sent him all the papers he needs, agreeing to accept 50% of the valuation, agreeing to sign something official to waive my rights so he can get title in his name and asking what his plans are. The only "provocation" was to ask if he is going to get more than one valuation and whether he really needed to hire a surveyor to find the plot. (A friend of mine went there on a cruise about 15 years ago and the locals helped him find it, it was marked, and I sent photos of it to my brother then).

His response was to tell me to lighten up, fgs, that he doesn't need any other valuations as the surveyor's is "official" and that the plot my friend found wasn't the one - "the locals will say anything".

I'm just going to go belly up now, any money I get will be a bonus and more than I expect, and I will probably give it to his daughter's little boy, my great-nephew. Any relationship I ever had with my brother is over, no loss to me.

Thanks for your support.

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Matildathecat · 20/11/2013 12:29

Sorry, sounds most odd. It's usual practice to obtain three independent valuations I believe?

Not sure what kind of values you are talking about here but for example if planning consent were to be granted then a plot could shoot up in value. This sounds highly suspect to me. Could he be hoping to fob you off whilst he makes a killing?

I would consult a lawyer with experience in this specific field.

You haven't seen or heard from your brother for a long time. He does not sound as if he's protecting your interests and actually sounds like he's stalling you.

You might get some better answers on the legal board.

Good luck.

MisguidedAngel · 22/11/2013 15:57

Thanks Matilda, you've put your finger on the bit that roused my suspicions, and I appreciate your advice, but I've decided not to pursue it. It upsets me more than I like, and more than I ever thought it would, to fight with him, and I'd rather just let him get on with it.

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Matildathecat · 22/11/2013 16:34

Just a final thought, could you give the whole thing over to your daughter to sort as originally proposed by your brothers daughter?

I know you can't deal with it emotionally but what if he's actually cheating you and your family out of a lot of money? I can't help but feel he's discovered it's worth much more than previously thought.

Or just place it in the hands of a lawyer.

Sorry, what a crap situation. I'm sure you would prefer no inheritance and a happy relationship with your brother.

MisguidedAngel · 23/11/2013 16:43

How kind of you to still be thinking about my problem! I don't know what's going on really - his daughter did make the suggestion, and I agreed whole-heartedly, but she never followed it through with my daughter. She has a difficult relationship with my brother (her father) as you might expect. I met her at the funeral for the first time for 20 years and was shocked at the parental role she had with him. He really is a shit. I wonder if he ever did give her the papers.

There was what I considered a very nice sum of money for each of us from my mother's estate, and I am grateful enough for that. I could give my daughters the choice of getting legal advice, since they would benefit eventually ... I'll consult them. Thanks again.

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