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Parents Last Will splitting family.


Question Posted Wednesday September 15 2010, 4:21 pm

Dad died in 1998, Mom died last year. The eldest brother in our family of 6 siblings had been named executor of the will. 20 years prior my Father allowed one of my brothers to defer his payment for his purchase of a seashore vacation home ($25000.00) that he owned in partnership with his brother until his estate was settled. Dad's brother was paid in full for his half. Dad did not specify this in the will but took my brother at his word with the understanding of other family members. Now that the estate is being distributed, the seashore house-owning brother is currently claiming the property was a gift and that he owes nothing to his siblings. He is threatening to sue for an equal share of the residual amount of the estate, and he is casting insults about the executor brother and implying he is a conniving thief by withholding the money for the property. Since the sale of this home it has appreciated by at least $100,000. A partial distribution has been made but the disputed debt amount is being held in an escrow account. It is causing a breakdown within segments of our large family. The brother who denies the debt now has a daughter about to give birth. In what should be a happy time, the issue is causing havoc with family members emotions. I believe any other of us would have taken the deduction without question but this brother, who is very well off financially with a six figure pension, is refusing to acknowledge the debt now that both parents are gone. He is trying to gain support from one of the sisters, who wants nothing to do with the issue. The lawyer for the estate says there is a decent chance to collect the debt but the opposing lawyer sent a message to all that he would pay $1000 to each sibling as a "courtesy" but now has withdrawn the offer after an ultimatum date has passed. As it stands the only people that are going to get any money are the lawyers. What should we do???

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Juandiaz answered Tuesday September 21 2010, 6:10 pm:
It sounds to me like your housethiefing brother is a money grubbing, penny pinching, miserly a**hole. What kind of scum bag steals from his own family? Were you watching when they closed the casket on your parents? He might have stole their rings and gold teeth if they had any. There's one in every family but what a low trick this guy is pulling here. I don't know if there's a legal answer but I would not bother with this greedy animal. Wow. I wouldn't give him nothing. Keep the money in an account that he has to force his lawyer to find, it will cost him plenty. Ha,ha,ha. Somebody else said forgive and forget but I know I never could for something like this. There's also a chance he's mental too, you don't say if he is crazy in other ways. If he ends up getting the money it won't be able to buy any family love that's for sure. Good luck to your family.

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alileo12 answered Wednesday September 15 2010, 8:16 pm:
Hi,
The facts that you told are not very clear. For example.. whose actually the money was ($25000) .. And the whole transaction is a bit confusing....

Kindly email me the facts of it with some more elaboration. And i will try my best take give a suitable advice from my brother, who is a lawyer in canada.

And also tell me your location of jurisdiction.

Here's my email ali_leo12@hotmail.com

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dearcandore answered Wednesday September 15 2010, 5:51 pm:
This is a shame, and every parent's nightmare, that after they are gone the children they loved so much and worked so hard for will turn on each other in the name of money once they are gone. Your brother sounds like a jerk. It also sounds like this is a very draining situation for all concerned. Your parents are gone. All you have is each other. As hard as it may sound, you may have to sit down with the rest of your siblings and try to agree to leave this issue alone. Try to forgive him, and then suggest, since you can't come to an agreement, to leave the disputed debt in escrow indefinitely and all move on with your lives. Maybe, when your brother realizes he can't cause all this drama and get all this attention, he'll give up his ridiculous claims. Until that time, I suggest finding a way to put it behind you and love each other. You are family, not enemies, and when you're each dead, you'll never have the chance again to reconcile and show love for each other, so do it now. Even if it means giving up a fight that is just. Concentrate on the new life that is being welcomed into the family. Ever hear the saying "Kill em with kindness"? Be kind to your brother. How stupid and petty will he look if the family he is treating so disrespectfully decided to treat him with love and acceptance (without having to accept his opinions). good luck. This is a terrible situation. I hope you can all work it out and get back to being a family.

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