He Was A Co-Executor of His Father’s Estate But Was Still Cheated by His Brothers

Based on a true story

A few days ago a close friend called to inform me that he was cheated out of a major share of his father’s estate even though his father had a Will, and my friend was a co-executor of the estate.

The executor of Freddie’s Dad’s estate was his uncle. This uncle did not deal with matters in the most efficient and businesslike way. Freddie received a copy of his Dad’s Will two years after he passed away.

The executor provided an accounting of the expenses and distributed the remaining cash among Freddie and his three brothers. However, the executor did not provide proof of cash on hand at the time of Freddie’s Dad’s death or copies of receipts and other documents to support his accounting.

None of the beneficiaries questioned the executor because he was their uncle.

A major asset not dealt with was the family home. Freddie’s youngest brother lived there. He was in his fifties, married, and had never left home, and had never supported his parents financially.

He was a burden to his elderly father who seemed to be afraid of him.

Freddie and two of his brothers lived in the United States while his Dad and youngest brother lived in a foreign country which can only be described as a banana republic. The executor also lived there.

The brothers in America wanted the family home sold and the cash distributed among the beneficiaries, but the executor took no action and the youngest brother continued to live in the family home rent-free.

The executor passed away.

When the executor passed away Freddie and another brother became the co-executors of the estate. At this time the only estate asset was the family home.

There was a major problem that resulted in no action being taken to finalize the affairs of the estate. Freddie and his co-executor hated each other. They were not on speaking terms.

In many jurisdictions, each co-executor has full authority to act on his own. Freddie and his co-executor did not know this and neither one took any action to settle the affairs of the estate.

So the youngest brother continued to live rent-free in the family home. He lived there for about twenty years after his father passed away.

Squatter’s rights

Squatter’s rights refer to a situation where others occupy a property continuously for many years without any objection from the owner. A squatter can make a legal claim to the occupied property after the required time has elapsed.

The number of years a squatter is required to continuously occupy a property before staking a legal claim to the property is different in each jurisdiction.

Freddie was aware of this law in the foreign country but still took no action. He did not even consult an attorney in the foreign country or America.

Legal documents arrived in the mail.

The day Freddie called me he had received legal documents in the mail, including a court decision to award ownership of the family home to his youngest brother.

Freddie’s two brothers in America had decided to give their share of the home to their youngest brother. Affidavits containing many inaccuracies and untruths were presented to the court, and the judge made his decision.

Freddie was not informed by his brothers or by the court that a case involving him was before the court in the foreign country.

Freddie was angry. He felt betrayed and estimated his loss at about US$50,000.

“A Will is useless,” he said angrily.

“No, Freddie,” I replied. “It’s important to have a will, but it’s also important for the executor to do his job.”

The foreign court’s decision will not be challenged.

It is not practical for Freddie to challenge the decision of the foreign court. Doing so could prove costly and futile. However, I told Freddie that at the very least he should seek the advice of an attorney in the United States.

Freddie’s relationships with all of his brothers have now come to a sad end.

I hope you found this sad story helpful.

You might also like my article dealing with the importance of having a Will.

And you might like this article on everyone having to stand on their own two feet.

Disclaimer: This article is based on a true story and is for informational purposes only, and should not be considered Financial or Legal Advice. Consult a financial professional for financial advice and a lawyer for legal advice.