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Inheritance problems

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  • Inheritance problems

    Where to start. Today I went to visit my elderly (92 year old) father who is being looked after my second eldest brother.
    Whilst there, my brother asked when I am going to remove my belongings from my fathers house. When I asked him why, he said because he is going to sell the house.
    My father has made him executor and has given him power of attorney though this has not been completed yet. In addition, he has for some time been joint tenant to avoid having to sell the house should the need have arisen because of failing health,care home fees etc. My mother spent the last two years of her life in a home and sadly passed away last year.
    What concerns me is the fact that as a tenant in common, when my father passes away, my brother will then become the owner of the house and it will not be included in my fathers estate.
    I have lost count of the number of times my father has changed his will, and today my brother told me that one of my other brothers has been completely cut out of the will and that he had to do all he could to stop my father cutting me out too. I have never been close to this brother and there has always been some friction between us though I do feel it is a bit one sided. He has always looked for approval from my father and a pat on the back when he has tried to emulate him whereas I have always followed my own path.
    He told my oldest brother and brother in law that he would make sure that I would inherit nothing and boasted about how good he was at forging my fathers signature.
    My father has had the highest moral standards of anyone I have ever know and I believe that my brother had duped him into making him tenant in common etc by not explaining to him fully the legal implications and that my father believes that the whole house will be counted as part of his estate for inheritance purposes.
    After talking to my father today, it was obvious that his memory and mind are on a downward slope. I'm pretty sure that my father did not seek legal advise on these matters and has relied solely on what my brother has told him.

    Is it too late to have my fathers mental state ascertained and also have a solicitor explain to him the legal implications of the power he has given to my brother and the likely outcome of our (4 brothers and 1 sister) inheritance as I'm sure we will not receive what he intended, be it large or small.
    Sadly, we are not the only siblings that have faced this kind of situation, and I truly wished that my parents would always be there for us but in this economic climate, they can still be a support long past their passing.
    Any thoughts or advise welcome, or should we just leave my brother to face his own conscience.
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  • #2
    Re: Inheritance problems

    Hi, nutsonmercs,

    I'm no expert in these matters, but I believe there is a big difference between 'joint tenant' & 'tenant-in-common'

    http://findlaw.co.uk/law/property/bu...ty/500189.html
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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