Going to lose my Dad soon

Logically I would assume that the person owning the money is in debt to whoever inherits the estate. Well since you and your brother split the estate then you would owe 2600£ to the estate and then recieve half back.

HOWEVER
There was no formal agreement written up between you and your Dad for the money before he passed away. In the eyes of the law I don't think your brother has a leg to stand on since there is no contract to prove he lent you the money in the first place.
 
23JMZ07 said:
Logically I would assume that the person owning the money is in debt to whoever inherits the estate. Well since you and your brother split the estate then you would owe 2600£ to the estate and then recieve half back.

HOWEVER
There was no formal agreement written up between you and your Dad for the money before he passed away. In the eyes of the law I don't think your brother has a leg to stand on since there is no contract to prove he lent you the money in the first place.
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My brother borrowed £5500 off my mum and Dad and never paid it back.
I know this from what my Mum and Dad told me plus what their best friend has told me.
All we have is a piece of paper with the amount that is owed on, no sigs etc.
 
Is it worth seeing a solicitor ?
Can I get charge of the estate because im the eldest ?
Dont want to have to pay £1000 in solicitors fee's to recieve £300
 
Moses said:
Lol, just say your father gave you money to help towards a car, as a gift. How can your brother disprove that? He can't.

Actually, just don't mention the money whatsoever. Your brother's obviously a ****.
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Yep thats right, problem is he will have the cash, not me, its how to get it split 50/50 ?
He will not just say yeah ok here you go.
 
tell your brother straight, your dads monoey goes 50-50. if he wont go for it tell him your going to get a silicitor and expect all of your dads possessions listed and split!.

i dont understand how your brother can be such a dick in such an emotional time. its £4000. its hardley worth losing his brother over.
 
Philz0r said:
tell your brother straight, your dads monoey goes 50-50. if he wont go for it tell him your going to get a silicitor and expect all of your dads possessions listed and split!.

i dont understand how your brother can be such a dick in such an emotional time. its £4000. its hardley worth losing his brother over.
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My brother would remove my dead grandma's gold tooth if he thought he could sell it for a profit.
Problem is nobody knows what the stuff they took is worth ?
Nightmare.
 
ShaolinDreams said:
Sorry to hear about your loss man. Be strong and do what you need to. I'd avoid getting into a family feud over the predicament they left you in. Don't retaliate and tarnish the death of your father. Least you see who's got your back.
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I totally agree, problem is if I dont do anything now, they will have all the money that was left, and we end up with nothing, and we have cared for dad for the last 18 months, my bro didnt even visit.
 
pingwing said:
Im very sorry for your loss and pass on my condolences.

You can take a lot of pride in the way you have conducted your self though all this as loosing your father is never a nice experience (loosing mine a few years ago wasn't nice at all).

All I can think of saying is to appreciate everyone you have around you and not to worry about possessions. Just mourn in your own time and remember all the best bits about your dad, as there will always be people around you who understand :)
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Thank you I know your right, just dont like being robbed.
 
I'm sorry to hear of all the shenanigans your brother appears to be pulling.

If it were me, considering how your brother has been acting, I would be giving him the finger for the half of the £2600. It may not seem 'fair' to him, but life isn't fair.

If he stops being a total *tool* and apologises for the way he's behaved and treated you and your wife I would give him the £1300 but I would be leaving it in trust split equally for any children, should he have any. Failing that to be released to him upon retirement.

I find it appalling the way he's acted towards you at this difficult time and how insensitive he's been.
 
brucey034 said:
Is it worth seeing a solicitor ?
Can I get charge of the estate because im the eldest ?
Dont want to have to pay £1000 in solicitors fee's to recieve £300
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Because your father didn’t write a will and therefore didn't nominate executors no one will be able to get charge of the estate. That doesn't mean your brother is entitled to take the money just because he has the bank book or similar. Not unless he's prepared to commit fraud.

Was your dad still married, is there a house or any other assets besides the £3,800?

I haven't read all your previous posts but how has your brother managed to get his hands on any of your dad’s money. Banks/building societies shouldn’t just hand over cash without the correct documentation in place. This takes time.

There is a bit more information here.

As a start I would contact the financial institution you farther held accounts with, explain the situation and ask what they require to release funds. Then you can start that process yourself and insure the money is distributed fairly, which the banks have a duty to do. As a minimum they will require a death certificate and a copy of yours and your fathers birth certificates so get hold of all these. You brother isn't going to get far without them and most banks will ask for a lot more.

I know it's not nice to talk about these things but there really isn't any other option. I lost my father to leukemia just before Christmas so I know what you’re going through. He did leave a will but it's still very complicated and it's still ongoing 6 months later.
 
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Stretch said:
Because your father didn’t write a will and therefore didn't nominate executors no one will be able to get charge of the estate. That doesn't mean your brother is entitled to take the money just because he has the bank book or similar. Not unless he prepared to commit fraud.

Was your dad still married, is there a house or any other assets besides the £3,800?

I haven't read all your previous posts but how has your brother managed to get his hands on any of your dad’s money. Banks/building societies shouldn’t just hand over cash without the correct documentation in place. This takes time.

There is a bit more information here.

As a start I would contact the financial institution you farther held accounts with, explain the situation and ask what they require to release funds. Then you can start that process yourself and insure the money is distributed fairly, which the banks have a duty to do. As a minimum they will require a death certificate and a copy of yours and your fathers birth certificates so get hold of all these. You brother isn't going to get far without them and most banks will ask for a lot more.

I know it's not nice to talk about these things but there really isn't any other option. I lost my father to leukemia just before Christmas so I know what you’re going through. He did leave a will but it's still very complicated.
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Stretch, Thanks mate, So I should get in touch with the bank and the Isa people and try to put a stop on everything ?
Thought this myself, but was not sure of the implications
My younger bro has all of Dads money going to go into his account.
 
brucey034 said:
Stretch, Thanks mate, So I should get in touch with the bank and the Isa people and try to put a stop on everything ?
Thought this myself, but was not sure of the implications
My younger bro has all of Dads money going to go into his account.
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Yes, absolutely get hold of them first thing tomorrow and ask to speak to the bereavement department. They are normally very helpful, do you know who the accounts are with?

There is no way they will pay the money to him directly if you explain who you are and the situation you find yourself in. I find it very hard to believe they would have ever considered paying all the money to him directly unless he’s lied on one of the forms.
brucey034 said:
Mum died in 2007, house was rented so no assets other than £3800, £1800 in a bank account and £2000 in an ISA.
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Make sure you contact both banks. Your brother is no more or less entitled to deal with them than you are :)
 
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Personally if I had a family member acting like the tool you portray him to be and not knowing the full implications and loop holes of any of it, I'd be straight on the blower to someone who does.
Namely a solicitor.
If he charges £2k then so be it, you're brother brought it on himself for being a greedy immoral idiot.
You have the memories of your dad and assuming you have some personal possessions to remind you of him, then I'd be quite inclined to "write off" the money side of it if I had to, just to make sure it was all done legally and proper (and obviously to make sure your bro doesn't get a penny more than he's entitled to).
If there is nothing left to split after solicitor fees... so be it.. Job done in my book.

Why do family members have to turn into such *****. :(
 
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