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Brother owes money

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  • Brother owes money

    My uncle died in 2019 leaving a will in which he left his estate equally to me and my brother (the executor). My uncle's estate consisted of over 50,000 in the bank plus a large house which is rented to tenants.

    My brother has always been unreliable and can take off for weeks at a time. During one of these episodes an emergency repair was needed at the house. Since I did not know where my brother was and did not have access to the estate's bank account, I paid over 8,000 of my own money for the repairs.

    When my brother returned I told him of my expenditure and I expected him to reimburse me, which he has not. The house is on the market and my brother keeps telling me that once the house is sold that we will split everything evenly. However this still does not pay me the money I am owed.

    I know I can take my brother to court to get reimbursed, assuming I can find him after the estate is settled.

    However, would I be better off to demand payment before I sign off on the sale of the house?
    I know my brother really wants his money and this could be a perfect time to force him to pay up.

    Would this be an acceptable way to get my money back?
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  • #2
    If (as you say) your brother is sole executor for the estate, you might just have a claim against the estate, but you will not be called on to 'sign off' the sale of the house.

    You will need properly to justify the expense incurred, and establish under just what authority you did the repairs. What you describe seems to fall short, however well intentioned. I have little doubt that he can pay you, but see no obligation on what has been said so far. Sorry.


    • #3
      Question. What happened to the 50.000 that was left to both of you in the Bank, if you did not receive that half, the rest of the saga speaks for itself, I wrote off my two brothers in similar circumstances over the tricks they did to me, money greed it causes


      • #4
        To DSLIPPY: When you say I will not be called on to "sign off" on the sale of the house, does this mean I have no say in what the house is sold for??

        The reason I ask is that when my brother signed the contract with the estate agent the house was listed for an asking price. Friends of mine have contacted the estate agent who says "Offers are invited, we have not yet reached the asking price", but will not say what the highest bid is.
        My brother never keeps me updated on the sale.
        Question: Is this an ethical way for an executor and estate agent to act?

        To DE DOGS: The way it was explained to me was that the money in the bank would be added to the money from the house sale and distributed evenly.

        However, you have got me thinking.
        Since the executor is in charge of the money, who is looking after what the executor is doing?
        Is there anyway I can find out how my brother has used the money over the last 3 years?


        • #5
          If you are not the executor and he is, then it might be wise for him to ask you to agree any sale price, but there is no obligation on him to do so. The estate agent would be quite wrong to talk to you - you are not his client.
          This all sounds a lttle brutal, but it comes with the executorship.


          • #6
            As you are a beneficiary of the will then you can ask for a copy of the accounts.


            • #7
              To OSTELL: How would I go about that?


              • #8
                They will be incomplete until the sale, at least. You should expect to be asked to sign off the final accounts if you have a residuary interest. Being just a beneficiary is not enough.


                • #9
                  To DSLIPPY: Thank you for your advice.


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