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Clare, Solicitor
Category: Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am 1 of 3 brothers. Our mother died a widow. Five years

Customer Question

I am 1 of 3 brothers. Our mother died a widow. Five years have passed. We have been left equal beneficiaries and joint executors of her will. We have not sorted out the probate yet but i have paid for all of the funeral expenses amounting to approximately £5000 out of my own pocket (I have all of the receipts.) my brothers have not contributed at all. How can i get them to pay their share now , before the house is sold? I now need the money
Also how can i go about getting them to contribute towards her headstone? I don't think i cannot afford it on my own.
If I can't get them to pay up now how do i go about making sure that they pay up when the probate and my mothers will is sorted out?
Me and one of my brothers are not getting on at all with the third brother. Talking to him is not an easy option is there some kind of letter i can write demanding the money? What should i do?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why has Probate been delayed?
Customer: replied 3 years ago.

On my side I would say it is down to the depression i had suffered since the death of my mother. One of my brothers has also been horrible to the other one (and myself) , we no longer talk to him. As regards ***** ***** brother (the middle one) I believe he has alienated us because it suits his purpose to stay on in my mother's house . He has now got divorced , got himself a new girlfriend moved her into the house got her pregnant and had a baby. he has been aggressive and intimidating to my younger brother (He is also a world-class karate champion) He has been taking advantage of my mothers wish that my youngest brother should continue to have somewhere to stay for a fair while after her death.(The middle brother lived in america before my mother's death - it was just my mother and youngest brother in the house before that.) My youngest brother has now been squeezed out of the house generally and is pretty much having to live in one room. The situation has become untenable to the point they can no longer acknowledge each others presence let alone talk.On my youngest brothers side (and mine!) i would say that we were hoping that everything would be amicable and i believe he is now looking to me , as the oldest , to rectify the situation

Expert:  Clare replied 3 years ago.
You cannot insist that your brother contribute towards the funeral and headstone bills I am afraid.
As soon as Probate has been granted you can apply for a refund of the Funeral costs - which are the first charge on the estate - but the headstone is a matter of personal choice
I hope that this is of assistance - please ask if you need further details