Estate finalised but executor will not pay beneficiaries

[Nic1805]

Hi,
this is my first time on here and I am hoping someone can help me.

I am a beneficiary in my uncles estate. The estate has been finalised and a set of accounts were sent out to all beneficiaries to sign off.
This was 4 weeks ago and 2 of the 5 beneficiaries still haven't signed them.

One said he was not happy with the funeral costs but nothing more and wanted to take advise from a solicitor.

My uncle still hasn't received anything from his solicitor and he is not responding to any emails.

Last week my uncle sent a letter advising that if he didn't get a reply from the 2 remaining beneficiaries he would pay the money out regardless. This should hae happened Friday, but now he is stalling again saying he needs more time and he will speak to his own solicitor again Monday.

Throughout the whole time since my uncle passed away my uncle has been stalling and lying about what we were entitled to.
although we resolved those issues now it seems he won't pay the money out I'm entitled to.

What can I do to make him send the payments out to us all?


Any help or advice will be greatly received.

Thanks

[enquirer]

Re: Estate finalised but executir will not pay beneficiaries

Frankly, it stinks.

Write to him, Recorded Delivery. State that his conduct as Executor is unsatisfactory and you require the matter to be finalised within 7 days. Make it clear that you will will expect a full accounting and all supporting documents (funeral receipts, for instance).

When dealing with an estate, it is customary to open an executors account. If he has put anything through his personal account, be even more suspicious.

If he fails to comply, engage your own solicitor, and do so quickly. When instructing him/her, make sure you use the phrase 'time is of the essence'. A good, stiff letter shouldn't cost very much and may well save a great deal of trouble later on.

[Inca]

Re: Estate finalised but executir will not pay beneficiaries

Have you seen the Will? You got a copy of the paper to sign too I take it? Was the amount you are getting specified on there?

Agree with enquirer...somethings not right.

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

Hi enquirer,

Thanks for replying.

The thing is I don't think there is anything wrong with the accounts.
In this respect my uncle has explained all the costs and I am satisfied and myself and 2 other beneficiaries have signed off the final accounts.

I just cannot get my uncle to release the inheritance as he keeps saying he needs everyone to sign the accounts off.
Even though the last 2 remaining beneficiaries haven't replied to his last request giving them 7 days.

Do I have to use a solicitor to bring the matter to a probate court, to get him to release the money?

Thanks

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

Hi inca,

There was no will. So my uncle applied to probate to be the personal representative.
It took some time for him to see me and my brothers were entitled to my deceased mothers share I the estate. ( my uncle had no children or wife)

This was all resolved and he has agreed o our share and showed it on the final estate but won't release the money.

Thanks

[enquirer]

Re: Estate finalised but executir will not pay beneficiaries

There was no will. So my uncle applied to probate to be the personal representative.

Intestate - it gets worse.

It took some time for him to see me and my brothers were entitled to my deceased mothers share I the estate. ( my uncle had no children or wife)

Oh, so he didn't 'see it' to start with.

This was all resolved and he has agreed o our share and showed it on the final estate but won't release the money.

Given that he won't release the money and is now wanting to 'see his solicitor', it would appear that it isn't resolved after all.

The warning signs are all there. Act on them.

[Inca]

Re: Estate finalised but executir will not pay beneficiaries

Intestate - it gets worse.

Totally agree again

[Inca]

Re: Estate finalised but executir will not pay beneficiaries

So..Uncle has Letters of Administration? Who decided who got what?
As regards your entitlement..you are correct..because your Mum predeceased your Uncle,you become what is known as 'residual beneficiaries'

I think you are going to seek advice from a solicitor...for your own sake,,cos the story doesn't make sense,,and if it doesn't make sense it's normally not true (on your Uncles part)

Are we talking a lot of money? (don't answer that if you don't want to)

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

Ok. Thanks for your replys. I will have to contact a solicitor.

Thanks

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

So..Uncle has Letters of Administration? Who decided who got what?
As regards your entitlement..you are correct..because your Mum predeceased your Uncle,you become what is known as 'residual beneficiaries'

I think you are going to seek advice from a solicitor...for your own sake,,cos the story doesn't make sense,,and if it doesn't make sense it's normally not true (on your Uncles part)

Are we talking a lot of money? (don't answer that if you don't want to)

Hi not a fortune but a lot to me. £25000 is my share

[Inca]

Re: Estate finalised but executir will not pay beneficiaries

Crikey...25k IS a lot of money......see a solicitor

[Amethyst]

Re: Estate finalised but executir will not pay beneficiaries

If you google beneficiaries of estate sign off and have a read of the top link (this thread is the second link) there might be some useful information in there.

Someone with a similar issue went to a solicitor and the options given were

1. To distribute the estate notwithstanding the lack of approval of accounts (without approval, there is a risk to the estate in connection with further costs accruing and potential actions being brought by one or more beneficiary )

2. As administrator bring an action asking the Court to examine the accounts and give directions as to the distribution.

3. As administrator make an application to the Court for an order under s.63 Trustee Act 1925 for the estate to be paid into Court.

[Nic1805]

Re: Estate finalised but executir will not pay beneficiaries

If you google beneficiaries of estate sign off and have a read of the top link (this thread is the second link) there might be some useful information in there.

Someone with a similar issue went to a solicitor and the options given were

1. To distribute the estate notwithstanding the lack of approval of accounts (without approval, there is a risk to the estate in connection with further costs accruing and potential actions being brought by one or more beneficiary )

2. As administrator bring an action asking the Court to examine the accounts and give directions as to the distribution.

3. As administrator make an application to the Court for an order under s.63 Trustee Act 1925 for the estate to be paid into Court.

Thanks I will take a look.
i received an email from my uncle today, which he sent to everyone, saying that as he has answered everyone queries with the estate he will send the money on monday. but now one of the beneficiaries has said that he still isn't happy and will be emailing another set of questions so now again my uncle has said he won't pay the rest of us out.
can one beneficiary hold the process up like this?

thanks

[Amethyst]

Re: Estate finalised but executor will not pay beneficiaries

Also another thread on similar issues http://www.legalbeagles.info/forums/...estate-account

[Amethyst]

Re: Estate finalised but executir will not pay beneficiaries

Did you receive a copy of the email direct from the person asking the new questions or just from your uncle?(ie were you cc'd into it or did your uncle notify you seperately)