After my father passed away my brother gifted me what he wanted of dads money.....?
Now my lawyer wants him to sign a paper stating he gifted me what he wanted and that we are through. He will not sign that paper. When it is only for my protection. Should I be worried. We have a verbal agreement that others are aware of. But I am not close by any means to my brother. The letter was mailed to him 2 months ago and now he will not respond to any of my emails or calls reguarding this. What can I do??
Afew more details are that he did have a will. It was probated , but my brother's name was on dads accts. as sole survivor(in texas that takes presidense over a will). I am just concerned he will try to ask for the money back and it is gone to help pay for the house that I was left from the will.
- whiskeyman510Lv 71 decade agoFavorite Answer
Often when dealing with money and the death of a parent, siblings can get a bit weird & selfish.
My Wife's family is going through it right now, and verbal agreements are definitely out the window in their case.
He could be avoiding you because he feels like a verbal agreement should be enough for his sibling, or he could be reconsidering the gift and looking at his options.
If you were ever close to your brother, or want to be, money isn't worth creating a division between you.
I would definitely document the gift; when it was given, how it was given, what was said in the verbal agreement, but let go of getting him to sign anything. If there were any witnesses to the verbal agreement, they could also submit written statements and get them notarized.
I'm assuming your brother was executor of the will and gave you the money under that authority? If so, he should understand that part of that responsibility is legally making everything clear and above board.
Have you simply called him and asked him about his delay? If not, I would try that also, but at the end of the day, you can't make him do anything. In that case, just do what you can to document and prove your side of the story, should it happen to be needed down the line.
If he asks for the money back, seems to me the lack of a written document will work against him too. You claim it was a gift, he claims it was a loan, but neither has anything to support their statements. Especially if you have relatives who can back up your story, I don't think he'll have any legal grounds to get it back from you. All the same, maybe stick it in a savings account and just let it sit and accrue interest until this blows over.
- justaLv 71 decade ago
You brother may have created a bit of mess if your dad left a will, and more of a mess if he didn't.
States have rules about the disposition of an estate when the person didn't make a will and you brother may not have followed that. Or if Dad did have a will, he may not have followed that.
The one thing that doesn't happen is that your brother had the right to decide how much you get.
Ask you lawyer what you should do, but ask him to find out about a will filed for probate.
- Anonymous1 decade ago
Your Brother is greedy. Nothing short of karma will change him.