Inheritance disputes

[Ellzmum]

This is my second post on my inheritance dispute with my brother who is also co-executor on our Mother's. We have jointly inherited our Mum's property. Our dispute is getting nasty. He wants to rent out & I want to either sell or he buys me out. We are at stalemate. My questions are:

He refuses to give to me the balance of a savings account. He says he is holding it against future bills. Can he do this? He has it in his bank account.

We really need mediation, but how complicated expensive is the process of a court application?

Is there a legal default in these disputes? What are my chances of getting him to sell or buy me out?

He has all paperwork and the Deeds to the property. Should I be worried by this.

I am at the end of my tether with this. Our Mother would be shocked to her core and I miss her so much. She died unexpectedly but did have Alzheimer's and if she had lived the property would have had to be sold for her long term care. This inheritance is a great gift we would not have got if she lived.

[EXC]

Re: Inheritance disputes

I'm certainly no expert but I think at least some of the issues you have would be dependent on the wording of the will itself.

If I were you I'd be inclined to take some initial legal advice, not necessarily with a view to taking any action against your brother but to understand where you stand in relation to your brother's obligations under the will.

There are some good law firms who give free initial consultations which might be useful to you.

[enquirer]

Re: Inheritance disputes

He refuses to give to me the balance of a savings account. He says he is holding it against future bills. Can he do this? He has it in his bank account.

He can, but he should certainly consult you. Holding it in his personal account is allowed, although this generally frowned upon for a number of reasons. It bodes ill for the future.

In the meantime, press him for an accounting.

We really need mediation, but how complicated expensive is the process of a court application?

Fairly expensive.

Is there a legal default in these disputes? What are my chances of getting him to sell or buy me out?

The court would probably make an order for sale.

He has all paperwork and the Deeds to the property. Should I be worried by this.

You are co-executor, so you are entitled to inspect them. You might want to put a Caution on the property at the Land Registry.

Frankly, it looks as if you are going to have to put the boot in. Start with a very stiff letter from your solicitor.

[Ellzmum]

Re: Inheritance disputes

Thank you for your reply. Even if he is allowed the money in his account surely as a equal executor/beneficiary I am allowed the money. As and when ANY future bills need to be paid we sort it then. How do I know he still has the money?

[enquirer]

Re: Inheritance disputes

Thank you for your reply. Even if he is allowed the money in his account surely as a equal executor/beneficiary I am allowed the money. As and when ANY future bills need to be paid we sort it then. How do I know he still has the money?

Exactly, this is why it's frowned upon. Normally, the executors open a separate account for this purpose, usually with both to sign. It all bodes ill for the future, so you need to get to grips with it before he runs off with the lot.

[Amethyst]

Re: Inheritance disputes

There is one point which should be mentioned on this thread regarding the sale of house. The house is subject to a compulsory purchase order by the council and they have been given a preliminary offer. The house would be unable to be sold on the open market as things stand even if the court made an order for sale, the only sale that could be made is under the compulsory order. The brother wants to retain the house and rent it out until the compulsory purchase order is made, but the OP wishes to accept the preliminary offer now.