Inheritance lawyer needed
Discussion
Can anyone recommend a lawyer in London that can help with this...?
My mother died last year, and my older brother moved into the family house, telling the other beneficiaries (me and my children) that he'd pay us out at the valuation accepted by HMRC.
A year on, IHT has been paid (by me + cash my brother took from my Mother's bank account) and the Probate Grant was issued over 6 months ago.
All liabilities have been settled.
My brother's made one excuse after another and has not paid anything.
He's also refusing to share any personal photos / family heirlooms or give access to "his" house.
I need a lawyer that will give him a kick, with the threat (and follow through) of litigation if there's no resolution etc.
Any recommendations would be gratefully received!
Cheers
My mother died last year, and my older brother moved into the family house, telling the other beneficiaries (me and my children) that he'd pay us out at the valuation accepted by HMRC.
A year on, IHT has been paid (by me + cash my brother took from my Mother's bank account) and the Probate Grant was issued over 6 months ago.
All liabilities have been settled.
My brother's made one excuse after another and has not paid anything.
He's also refusing to share any personal photos / family heirlooms or give access to "his" house.
I need a lawyer that will give him a kick, with the threat (and follow through) of litigation if there's no resolution etc.
Any recommendations would be gratefully received!
Cheers
Edited by P1ato on Monday 4th November 17:50
Who did the probate? (who was the executor?)
If it was your brother who was executor as a beneficiary you can request a copy of the estate accounts (this shows the breakdown of what money came in, what debts were cleared, what the beneficiaries are due, etc) If he fails to provide you with a copy of the estate accounts you can apply to the Probate Registry for what's called an Inventory and Account Order. This is a Court Order which obligates the Personal Representative (executor) to provide this information. This should be enough to stir him into action, if it doesn't then you may need to open a can of legal whoop-ass on him.
If it was your brother who was executor as a beneficiary you can request a copy of the estate accounts (this shows the breakdown of what money came in, what debts were cleared, what the beneficiaries are due, etc) If he fails to provide you with a copy of the estate accounts you can apply to the Probate Registry for what's called an Inventory and Account Order. This is a Court Order which obligates the Personal Representative (executor) to provide this information. This should be enough to stir him into action, if it doesn't then you may need to open a can of legal whoop-ass on him.
Mr-B said:
Who did the probate? (who was the executor?)
If it was your brother who was executor as a beneficiary you can request a copy of the estate accounts (this shows the breakdown of what money came in, what debts were cleared, what the beneficiaries are due, etc) If he fails to provide you with a copy of the estate accounts you can apply to the Probate Registry for what's called an Inventory and Account Order. This is a Court Order which obligates the Personal Representative (executor) to provide this information. This should be enough to stir him into action, if it doesn't then you may need to open a can of legal whoop-ass on him.
This is correct (or certainty was when I studied law). I can recommend someone in London, but you could save a lot of money ny following the advice above.If it was your brother who was executor as a beneficiary you can request a copy of the estate accounts (this shows the breakdown of what money came in, what debts were cleared, what the beneficiaries are due, etc) If he fails to provide you with a copy of the estate accounts you can apply to the Probate Registry for what's called an Inventory and Account Order. This is a Court Order which obligates the Personal Representative (executor) to provide this information. This should be enough to stir him into action, if it doesn't then you may need to open a can of legal whoop-ass on him.
Thanks. We're joint Executors, but I dealt with all the tax filings, probate, and beneficiary accounts.
There's no dispute over what's due - my brother told my Mother's lawyers he had funds to pay the other beneficiaries (turned out not to be true); then said his girlfriend would sell her house (but she decided to keep it and rent it out); then claimed she had a buy-to-let mortgage offer (also not true).
As most of the value of the Estate is a property which he's living in there isn't much I can do except engage lawyers.
There's no dispute over what's due - my brother told my Mother's lawyers he had funds to pay the other beneficiaries (turned out not to be true); then said his girlfriend would sell her house (but she decided to keep it and rent it out); then claimed she had a buy-to-let mortgage offer (also not true).
As most of the value of the Estate is a property which he's living in there isn't much I can do except engage lawyers.
Is he paying rent to the owner of the house (the estate)?
Just because he has agreed to buy the house from the estate it doesn't mean it is his yet.
I believe the estate has to submit accounts until finalised and all beneficiaries paid. Unless there is a specific provision in your mother's will I believe he should pay market rent.
Just because he has agreed to buy the house from the estate it doesn't mean it is his yet.
I believe the estate has to submit accounts until finalised and all beneficiaries paid. Unless there is a specific provision in your mother's will I believe he should pay market rent.
No - he's not paying rent!
I should say my brother is rather "special". He got a first from Cambridge when he was 19 but hasn't had a successful career (and never married, no children) as he struggles to get on with people. My mother has looked after him all his life.
He also arranged for her to "gift" him his share of her house a couple of years before she died. This gift didn't generate any IHT savings, but he does have his name on the deeds of the house (together with my late mother).
He's basically a bit of an entitled freeloader and now needs to grow up.
His inheritance, and his new girlfriend's divorce settlement, has already left them with property wealth of over £2m - so I don't feel any obligation to support him.
I should say my brother is rather "special". He got a first from Cambridge when he was 19 but hasn't had a successful career (and never married, no children) as he struggles to get on with people. My mother has looked after him all his life.
He also arranged for her to "gift" him his share of her house a couple of years before she died. This gift didn't generate any IHT savings, but he does have his name on the deeds of the house (together with my late mother).
He's basically a bit of an entitled freeloader and now needs to grow up.
His inheritance, and his new girlfriend's divorce settlement, has already left them with property wealth of over £2m - so I don't feel any obligation to support him.
P1ato said:
I should say my brother is rather "special". He got a first from Cambridge when he was 19 but hasn't had a successful career (and never married, no children) as he struggles to get on with people.
Asperger's?? Sounds just like my son, very intelligent but totally lacking social skills.
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