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HELP! conned by brother over family inheritance

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  • HELP! conned by brother over family inheritance


  • #2
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

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    • #3
      Re: HELP! conned by brother over family inheritance

      Yes I believe I had signed it over, but that was based on false valuations of the house. Can the executor or another beneficiary put the house on the market without the other beneficiaries consent?

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      • #4
        Re: HELP! conned by brother over family inheritance

        Also, yes the money has been paid to me, as I have only discovered this 4 months after the event

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        • #5
          Re: HELP! conned by brother over family inheritance

          Originally posted by Charlb1 View Post
          Also, yes the money has been paid to me, as I have only discovered this 4 months after the event
          If it went to probate, did the probate state an amount of the probate? Did you receive a copy of the accounts prior to the dispersal of funds?
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

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          • #6

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            • #7
              Re: HELP! conned by brother over family inheritance

              Just to clarify, I am not an expert on the law but from my perspective, you have signed the house over without any written down terms ie to do the house up, and have signed the accounts and received the money. Personally, you might feel cheated but I am not sure that this is actionable. However, others may disagree with me on that.
              "Family means that no one gets forgotten or left behind"
              (quote from David Ogden Stiers)

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              • #8
                Re: HELP! conned by brother over family inheritance

                Thank you for you help, it's greatly appreciated

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                • #9
                  Re: HELP! conned by brother over family inheritance

                  Originally posted by Charlb1 View Post
                  6 weeks later it was sold completely untouched for 100k more. I've also since discovered the house secretly went up for sale for 425k 3 months prior to my brother buying it, so it was for sale whilst it still belonged to the estate which none of the other beneficiaries were aware Of. Have I got a case? If my uncle was involved in the covering up of the houses true value has he broke the law? Can my uncle or my brother put the house up for sale without the other beneficiaries consent?
                  Leclerc may be correct in what he says above, but to me what you describe has the appearance of a blatant fraud.

                  As Executor, your uncle would have had the right to dispose of the estate without recourse to the opinions of the beneficiaries (although IMO this wouldn't quite be cricket) but he had an absolute duty to protect the assets and the responsibility to distribute those assets with scrupulous fairness to all the beneficiaries as stipulated in the Will.

                  Unless your brother was a joint executor he would have had no legal right to market the house before probate was complete as you have described.

                  The executor's duty, whether also a beneficiary or not, is to act with the utmost integrity and fairness towards all the beneficiaries.

                  What your post suggests to me is that your brother was unfairly (unlawfully) favoured financially and, if I were to be ultra cynical, the secret pre-marketing of the property could
                  “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

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                  • #10
                    Re: HELP! conned by brother over family inheritance

                    Just to add to what MissFM said:
                    Was a professional valuation obtained from, eg an independent estate agent perhaps? This should be for the market value on the day your grandmother died.
                    If the executor sells assets too cheaply he can be sued by the beneficiaries for their loss.
                    If the executor acts fraudulently he can be sued.
                    Was your uncle sole executor?

                    Do take note of the caveat in MissFM's final sentence.

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                    • #11
                      Re: HELP! conned by brother over family inheritance

                      Thank you for your comments, I really can't stress enough how helpful they are.

                      My uncle has now confirmed it was him that put the house on the market for my brother to gage how much he could sell the house for in its current condition.

                      He's promised to call me this evening to discuss, I'm really unsure what I need to be asking, one thing I do intend on asking him is did he profit from this arrangement with my brother, although I can't see how he hasn't. Surely he would not go to these lengths to help my brother make money and not make any himself, especially when had the property been sold fairly he would have made more than he did selling it to my brother.

                      it also appears my other brother and sister also helped fund my brothers purchase too as their share of estate was used to help buy the house. So 4 of the 6 beneficiaries have been involved in this.

                      I just can't believe family are capable of doing this.

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                      • #12
                        Re: HELP! conned by brother over family inheritance

                        I was lead to believe professional valuations were conducted, although I never asked to see them, as I had no reason to suspect anything at this stage? Can I ask for copies, does he have to provide them?

                        Yes he was sole executor, the will did state that he and my father were executors of the will, however the will was written before my father passed away.

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                        • #13
                          Re: HELP! conned by brother over family inheritance

                          To be absolutely fair, the other side of the coin may be that they were trying to conserve any profit between themselves rather than give it to the taxman - the thinking being why shouldn't at least one of you profit.

                          We'd need to see the sums to work out who did what to whom. Maybe that's what you should ask your uncle tonight?:confused2:
                          “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

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                          • #14
                            Re: HELP! conned by brother over family inheritance

                            I will, I can't guarantee I'll get the truth

                            the hardest task will be remaining calm.

                            Thanks you again

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                            • #15
                              Re: HELP! conned by brother over family inheritance

                              Stay cool - prepare yourself and ask questions rather than letting off steam.

                              You need to find out the truth of the situation first of all. x
                              “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

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