brother owes me money

[cdhk155]

Hi. I really need some advice. In 2008 my mum passed away from lung cancer. My brother took care of everything. He arranged the funeral and as mum died with no will in place he applied and got probate. In 2010 he got his girlfriend to buy mums house under her married name and told me he sold it for 101,000 and after all the expenses he gave me £30,000 with the promise that he would send me a cheque for another £10,000 in a week or 2. This has not happened. I then found out by buying the record of land registry that the house actually sold for £114,000. He has all my mum's jewellery apart from one necklace that I have. There is no other family only my brother and I and our children. I know mum would have wanted the estate to be split 50/50 and no other way. I have not spoken or seen my brother for 4 years. He is very volatile and scares he living daylights out of me.
Is there anything I can do to get what I know mum would have wanted? I know a long time has passed but I really cannot afford a solicitor and half hour consultations are not long enough to get the advice I need. To be honest I never thought my brother could do such a thing to his own sister. Any help would be so gratefully accepted. Thank you for taking the time to read this.

[MissFM]

Re: brother owes me money

Hi,

Firstly, I'm so very sorry for your loss. It may be a long time ago but mothers are special and we do miss them so.

I don't see an easy solution to your question, I'm sorry - a great deal of time has passed and challenging your brother's decisions could get nasty. It's extremely upsetting what happens with families and inheritances.

I'm afraid my personal advice would be to try to draw a line and move on ( from bitter experience).

There are some very knowledgeable beagles here and they will be along to help you all they can.

My very best wishes to you x

[cdhk155]

Re: brother owes me money

Thank you Missfm.
I have kind of resigned myself to the fact that I will never see anything and should move on. But sometimes the anger creeps back especially when my own kids need something and I know if I had what I was supposed to have I would be able to help them out. I can sleep easy at night, I wonder if my brother can?

[MissFM]

Re: brother owes me money

I know. I agree.:hugxx

[MissFM]

Re: brother owes me money

You could always sue him, if you felt strong enough. If it's under 10K it would be small claims. Do you have anything in writing, or any other irrefutable evidence?

[des8]

Re: brother owes me money

Hi and sorry to hear of your problems.
As your brother was administrator he had an absolute duty to settle your mothers estate according to strict rules of intestacy, and with a fiduciary duty to the beneficiaries.

Be warned that an already poor relationship might deteriorate further.

For starters are you and your brother sole surviving relatives?
Have you been given a copy of the final accounts?
If you have not received a final accounting, write to your brother requesting a copy. Send the request "signed for" and keep the receipt and a copy of your letter.

If you intend to pursue this matter to the bitter end you will need a paper trail.

[cdhk155]

Re: brother owes me money

I have thought about it but I have nothing in writing. I wouldn't know where to start either! To be honest I don't really care about the money, it's mums jewellery I care about as I know his girlfriend is walking around with my mum's diamond engagement ring on her finger. I also would like someone in authority to say what he has done is morally wrong!

[cdhk155]

Re: brother owes me money

Thank you Des8.
I really am not bothered about my relationship with my brother. After what he has done to me and how he has dishonoured my mum's memory I don't ever want to be part of his life. It is only us two left of the family. My parents divorced many years ago and mum never remarried or had a partner.

[MissFM]

Re: brother owes me money

I have thought about it but I have nothing in writing. I wouldn't know where to start either! To be honest I don't really care about the money, it's mums jewellery I care about as I know his girlfriend is walking around with my mum's diamond engagement ring on her finger. I also would like someone in authority to say what he has done is morally wrong!

FWIW, I really understand about the jewelry. It's not the financial value, it's the other. Do you think you could appeal to your brother's better nature on this, at least?

[cdhk155]

Re: brother owes me money

Sorry, meant to say he has never given me a copy of any paperwork.

[cdhk155]

Re: brother owes me money

He hasn't got a better nature. He has ripped my dad off for a few hundred pounds. He would pinch the sugar out of your tea if he had half a chance!

[des8]

Re: brother owes me money

Well in that case "go for it"
First get a copy of the final accounts, as a beneficiary you are entitled to them.
If he refuses to give them, and with the information you have about the house, you are beginning to build the case against him.
I appreciate your desires regarding your mothers jewellery, but are you in a position to prove what your mother possessed at the time of her passing. I don't doubt you know his girl friend has the engagement ring but can you PROVE it was your mother's.
However, do be warned that it can become very stressful.

[MissFM]

Re: brother owes me money

In that case, CDHK...depending on what kind of a person you are (and how strong) - either draw the line now or screw him into the ground if you can...:decision:

Crossed with Des (as usual )

[cdhk155]

Re: brother owes me money

Thank you so much. My dad and my nan can identify the ring as being my mum's. My nan has already commented on the fact that his girlfriend was wearing mum's ring. I don't know if that would count as proof. I will write and ask him for a copy of all paperwork. He will probably ignore it though. ��

[kathmorgan12]

Re: brother owes me money

That's great that you made some progress. Hopefully, you can finally get your mum's jewellery out of his girlfriend's grasp. I totally understand what you felt about it. If it was me in your place, I'd do my best to get those belonging to my parents. I'm sure they hold lots of sentimental value to them and as the daughter, you're compelled to ensure that they are safely tucked away.