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My 2 brothers and I will split our dad's estate when the time comes. However, 6-7 years ago, our dad was going to sell some property potentially worth a considerable sum and when the deal fell through, one of my brothers bought the land. Our dad was cognizant of the sale at the time, but so was my brother, who knew the value of the land would increase. He didn't discuss this with my other brother or myself and now he is going to sell the land for the expected windfall. My other brother feels that that money, minus expenses (taxes, closing, ...) should be divided fairly since the land was our dad's. I can see both brothers' views, as the owner of the land, (first, our dad, now, my brother) can do what they wish, but from an ethical standpoint, it seems we were "cheated" of something that would have been divided evenly between the 3 of us.

Karen R Jones
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    Why didn't you buy some of the land? – Michael Harvey Dec 03 '20 at 19:48
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    Did the buying brother pay the fair market deal price dad negotiated with the 3rd party; or was there some kind of need for immediate liquidity on dad's part and/or familial leverage for a sweetheart deal to the brother? The phrasing of "our dad was cognizant of the sale at the time" stands out as odd. Is the dad under some kind of conservatorship? Was the brother involved in the sale process in the deal that fell through? – user662852 Dec 03 '20 at 20:23
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    If the land had fallen in value instead, would you and your other brother have expected to contribute to make up for the loss incurred by the brother who bought it? If you wouldn’t have shared the loss, you shouldn’t expect to share the gain. – Mike Scott Dec 03 '20 at 20:47
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    What is the question? – Flux Dec 03 '20 at 20:51

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Your father's intent was to sell the property. He put it up for sale and a deal fell through. Your brother chose to buy the property and it appreciated in value.

Unless you can prove that your father was not of sound mind and your brother took advantage of him, there's nothing you can do. Your brother had the foresight to make the purchase and take on the risk. At best, you were slighted when you were not informed of the pending sale to your brother. However, you were not cheated out of anything.

Bob Baerker
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