Will dispute and settlement talks

jackboy

https://www.boards.ie/discussion/comment/122073095#Comment_122073095

It's not his executor. Be very careful here. I hope you have been keeping track of the legal bills. As I have said before, there could be serious bills building up in the background. If there are more disputes about who should pay these then this could go on for years yet, further eating into the estate.

Seth Brundle

https://www.boards.ie/discussion/comment/122073112#Comment_122073112

Who arranged the talks? Given that your brother has no legal right to the estate above you and your sisters, what are the talks about? Did the executor hire a barrister and for what purpose?

blackbox

As far as I know, any profits that your brother made from the farm since your parent died should be included in the estate and divided according to the will.

lateron

I'd say the solicitors will have more out of this than me.. I would like to see this finished. Somehow knowing my brother it will not be straightforward 🙄

Seth Brundle

Also if your brother has been farming the place since your parents passed away, was this done with the support of the executor? Has the executor shared bank accounts with your brother so he can buy feed, fertiliser, vet bills and so on

lateron

Thank you. This is another thing to add to my list. Alot of things people have said today make so much sense. Thank you

lateron

Thank you. Pen and paper on hand at the minute and working on my list for consideration.

lateron

https://www.boards.ie/discussion/comment/122073142#Comment_122073142

He was not given permission to farm the land by the executor. Executor has fallen down on this as she has not looked for accounts, department of Agriculture records etc.

lateron

https://www.boards.ie/discussion/comment/122072652#Comment_122072652

This comment has really made me think. The solicitor for the estate of course wants this finished so she can get her money (rightly so).

She will not be putting my best interests at heart. I can only do that.

lateron

My plan will be to get my quarter and for him to pay his legal fees and that of the executor. He will have to put money where his mouth is.

In the real world this may not be realistic.

Seth Brundle

https://www.boards.ie/discussion/comment/122073225#Comment_122073225

The executors role is to manage the estate until it is divided up. The executor can appoint someone to manage the farm which would include collecting grants, etc. Are you telling us that they did not do this and effectively just left the farm to rot?

Jim2007

https://www.boards.ie/discussion/comment/122072642#Comment_122072642

Nope you have the wrong perspective completely! As I said there is nothing to discuss or settle so why would you engage with them? By your logic that would suggest to a court that there is something to settle!!!!

If your brother decides to challenge the will, I'd imagine he would be required by his legal team to make an advanced payment of several thousand - does he have the money for this? If he wins the case the then then his expenses will be paid out of the estate, if not he carry's the cost. But at no stage should his challenging the will require you to personally pay any legal fees.

I will also get money for the herd number as he does not have one.

This statement concerns me, because you should not be receiving any payments for stock that you do not own as required by the subsidy rules. If the estate owns stock and is entitled to subsidies, then that money must be paid into the estate etc…. Obtaining money by deception is fraud - a criminal offense. And if this escalates it could be come very dirty.

csirl

Some thoughts:

1. Your siblings dont seem to be as motivated as you to get this settled? Its hard to imagine this dragging out for so long if most beneficiaries were putring pressure on the executor. Remember that its not majority rules. You are entitled to your full inheritance in a timely manner regardless of what the other beneficiaries agree, do etc.

2. From what you are saying, it appears that he's earning a living out of the farm. Plenty of incentive for him to drag things out for another few years even if he doesnt ultimately own the farm.

3. If this drags out any longer, there's a risk he'll start claiming some sort of adverse possession - working the farm for years without any legal.paperwork saying what his status is etc.

lateron

https://www.boards.ie/discussion/comment/122073535#Comment_122073535

https://www.boards.ie/discussion/comment/122073535#Comment_122073535

The solicitor for the estate keeps telling me that we need to go into settlement talks as if a judge sees we have not he will send us off on any case to get an agreement.

The herd number was transferd into my name for a period of time by my father. So I believe that I have a right to it. Now maybe I am wrong about that. But surely someone can not use a dead man's herd number and pretend to be him. My brother does not have the necessary requirements to obtain a herd number.

cnocbui

https://www.boards.ie/discussion/comment/122073907#Comment_122073907

I don't believe the estate solicitor. I have been an executor twice. Perhaps you and your sisters should ask a solicitor to clarify this point and engage them to represent you jointly if they confirm what the estate solicitor is suggesting. It might be advisable for you three to engage a solicitor anyway to demand the executor get on with doing their job.

lateron

You are so right. My other two siblings have taken a back seat. They have always let me do the shite work and they come up smelling of roses.

I am looking for my quarter and will not settle for anything less.

He is earning a living off the farm and not accounting for anything. The executor could finf herself in trouble here as a result.

The solicitor has advised that he can not claim adverse possession as he has engaged in this battle and the estate is in dispute with him.

The more I have resd today from everyones comments, the more I realise that I have to stand up for myself.

I asked the solicitor to send me paperwork that is important and I have not received it. Talks are tomorrow afternoon. I will see what the morning brings. I won't settle for anything less than my quarter and hinntonoay all legal costs.

lateron

https://www.boards.ie/discussion/comment/122073932#Comment_122073932

The estate solicitor wants this settled. So I don't trust that they have my best interests at heart. I will be standing up for myself and not be pushed around anymore in relation to this. My parents made their wishes very clear. Just because he is greedy and wants control doesn't mean that I will enable him into getting it.

Thanks for the help.

cnocbui

You should not engage with any 'settlement talks' unless directed to do so by a judge. If there is a dispute of the will it needs to be adjudicated by a judge, in a court. Jim2007 is right on this.

blackbox

Have you actually seen the will?

The solicitor recommending settlement talks seems very strange if the will is straightforward.

lateron

https://www.boards.ie/discussion/comment/122073969#Comment_122073969

There will be barristers there. One for my brother and one for the estate. It is in the 4 courts.

I will ring a solicitor in the morning for advice for myself. The more I read today the more I believe the solicitor for the executor wants me to settle and make her life easier. I can go there and not agree with any of the proposals. I believe then he would have to take it to court to prove that he was promised the farm which is what he is saying ( my mother's notes prove otherwise) or the estate will have to be administered.

I do believe that he wants this land so badly that we will fair out better on settlement. He may possibly agree to paying costs otherwise if the executor divides the estate, they will divide the costs equally among is all too.

I am right in thinking this?

lateron

I have seen the wills. Because he disputed the will, this has delayed everything. He was the one threatening court and now he wants talks.

csirl

Remember that its ok to walk away from settlement talks if you dont like the outcome. Also remember that the 2 sets of lawyers dont represent you - they represent the estate and your brother.

Seth Brundle

https://www.boards.ie/discussion/comment/122073951#Comment_122073951

The estate solicitor wants this settled. So I don't trust that they have my best interests at heart.

They shouldn't have your interests at heart. Nor should they have the interests of your siblings at heart. They should have your parents interests at heart.

cnocbui

https://www.boards.ie/discussion/comment/122074018#Comment_122074018

You need to start thinking of you and your sisters as a single entity, as you appear to have idential interests and stakes. So if you engage a solicitor, all three of you need to do it and agree to split the cost, otherwise your sisters can sit back while you engage a solicitor and pay the bills while they gain the benefit without the expense.

Again, without engaging services, I would first ask a solicitor if the estate solicitor is telling the truth about talks being a proscribed requirement you should or need to be engaging with.

If one of the beneficiaries of the will I administered had challenged the will and lost, I would have deducted the estate legal costs from their share of the disbursement. I see no reason why other benneficiaries should have had their disbursements reduced because another picked a legal fight that failed.

lateron

https://www.boards.ie/discussion/comment/122074025#Comment_122074025

Thank you for your advice. I will be going in to represent myself and will take any emotion out of it. I have learned to walk away from things if they are of no purpose to me and will keep this in mind tomorrow.

The last poster said that the solicitor should have my parents interst at heart and that is so right as they knew what they wanted for us.

lateron

https://www.boards.ie/discussion/comment/122074092#Comment_122074092

As a result of the dispute one sister initially sided with my brother. She now has seen through him and they don't speak , but the hurt and betrayal she caused is still there and I won't engage with her.

I wish things were different but I have had to mind myself over all this.

I do believe that my mother has helped me and my sisters in all of this. She knew he was a thief and bully and had this in her hospital notes. It paints him in a bad light in front of any judge. So I believe he will settle and agree to our terms.

Ted222

This has been allowed to become complicated. It needs to be simplified.

1. Your parents left the estate to be split 4 ways. There has been no legal challenge to this and no reason therefore why the executor cannot discharge the will as written .
2. The executor has been asleep at the wheel and hasn’t fulfilled their responsibilities.
3. There is no need for you to engage in settlement talks or any other process. Your entitlement to get a quarter of the value of the estate is watertight.
4. The solicitors involved so far are not working for you. You may need a solicitor of your own to light a fire under the executor. Payment for a solicitor could ultimately come from the estate.

I found this on the internet which may be of some help.

https://www.gibsonandassociates.ie/blog/probate/#:~:text=However%2C%20if%20the%20process%20does,the%20testator's%20date%20of%20death.

Seth Brundle

https://www.boards.ie/discussion/comment/122074105#Comment_122074105

I will be going in to represent myself

With no disrespect intended, you don't seem to have the legal nous needed for this.

Get a solicitor to represent you (or preferably you and your sisters)interests in the outcome . However, I do think one of the first questions your solicitor should ask you is WTF is this meeting about and why is the estate enrertaing your brothers threats?

jackboy

https://www.boards.ie/discussion/comment/122074018#Comment_122074018

You are not going to get advice from a solicitor at that short notice. You can’t know what will happen at the meeting but if the two barristers decide to do a deal then it will be up to you to accept or challenge. Challenge will mean solicitors and money.

Donald Trump

https://www.boards.ie/discussion/comment/122074254#Comment_122074254

There may be a different perspective which we are not seeing. That wouldn't be that unusual. His claims might well be completely fabricated, but might be plausible enough to constitute potential trouble.

Perhaps he even just wants to hang onto the land or something. i.e. instead of everything being sold and split 4 ways, he might be trying to keep the land together. Maybe he'd be happy to keep the land, allow the house to be sold, and buy the others out of whatever residual they'd have in the land.

As for the claims that the man might be "making a living" off of 30 acres ………… not likely unless he is doing something very intensive on it.