After my fathers death which I was power of attorney before he died he was in rest home and the sale of the house after

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Customer: After my fathers death which I was power of attorney before he died he was in rest home and the sale of the house after paying mortgage rates bank loan which after expenses which left $60.000 to be devided between three of us boys during this period before he passed his lawyer advanced moneys to pay bills he had not taken care of on the Wednesday before my eldest brother and myself also as trustee of the will told lawyer to take expenses out then split it equal share as per will but the lawyer missed what we meet so I received$380 dollars he took expenses out of my share eldest brother gave me $6900 but middle brother won't he refuses to give $6900 to me I want to get the money that is owed as per will and dad's wish
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Thames New Zealand
JA: What documents or supporting evidence do you have?
Customer: I have the will and the eldest brother support
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just I looked after him when wife left and did the sale of his house and launch the other brother didn't even see dad at all
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Have you seen the estate accounts in full as yet?

Customer
all played up and finished dad died 20/4/2019
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Chris The Lawyer, Expert

Was there an agreement in writing to pay out your share of those expenses? Sometimes there is what is called a deed of family arrangement. Did your brother ever make a verbal promise to give you the $6900 to even out your share?

Customer
No because no matter what it was in will that as POA ANY money that was to pay his expenses and for his care until DEC then Winn's took over his pension to pay for the room and etc that's why eldest brother paid his share to me
Customer
No because each other had equal share and he new how much I did
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Chris The Lawyer, Expert

You could try bringing a claim in the disputes tribunal, although I am not sure whether they would accept the claim over division of an estate. If you explain that this is just an evening out of the shares of the expenses and that it was something one brother contributed to, but this other brother declined to, they may do something

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Chris The Lawyer, Expert

With a relatively small amount of money, it can be expensive to go to court

Customer
Thanks
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Chris The Lawyer, Expert

Let me know if you have more questions

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