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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my mother died 5 years ago . Myself and my 2 brothers were

Customer Question

my mother died 5 years ago . Myself and my 2 brothers were left joint beneficiaries and joint executors.when she died some money was left in the bank. My brothers have continued to live on in my mother's house. I do not live there and do not receive any benefit or payment from it even though four grown up people (my brothers and their partners)and one newborn live in the house. Only my brothers were there when my mother died. We still have not sorted out the probate. I have recently found out that the money she left in the bank for the three of us has been used by my brothers , i think to pay the mortgage etc. on the house. They did not make separate arrangements to pay this and simply allowed her account to run down . As i do not live there i do not think my share should have been used in this way. How can i go about making them pay my share back to me? I i do not get on with one of my brothers and we no longer talk should i write them both a letter demanding payment? take them to court or do something else? Is is there a legal way to make them legally promise now to pay back the money when my mothers house is sold and the probate is all sorted?
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 have 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 (who i have never met) 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 mother's 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 my youngest brother in the house before that. My youngest brother has now been squeezed out of the house generally and he 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 we were hoping everything would be dealt with amicably , which it hasn't , and I believe he is now looking to me , as the oldest , to rectify the situation.

Expert:  Clare replied 3 years ago.
Was the bank account held your late mother's sole name?
Customer: replied 3 years ago.

Yes. But initially the mortgage was just routinely being paid from the funds she had left. My brothers merely waited for the cash to run out before they decided to start putting money into the account to pay the direct debits for the mortgage and insurance etc.

Expert:  Clare replied 3 years ago.
The Account should have been frozen at the time of her death and your brothers will have to give you credit for those funds since they were living in the property throughout the period involved
Please ask if you need further details