Estate accounts

[GrandDad43]

My mum died nearly 4 years ago and during the 3 years leading up to her death my wife and I lived with her to provide full time care. When my mum died her Will stated that the vast majority of the estate was to be split equally between me and my 2 siblings and she named me as the sole executor.

While my mum was still alive, I proactively let the other 2 future beneficiaries know in writing that on my mums death I would be staying in the house until I had received my full share of the estate, which I estimated at the time to be around £400k (per beneficiary). The elder sibling/beneficiary had asked me to make the calculation pre death the other younger one hadn’t ever mentioned it but nevertheless thanked me for the info replying “‘it’s good to know I guess”. The Will did not state that I could use the house as my own post death. But as it had been agreed I continued to live there assuming both my siblings would afford me a home considering all the work I had done as a carer and all the work I was doing to make the estate more profitable for us all inc managing tenants in a commercial property left to us in my mum’s Will.

About 18 months after my mums death and after probate had been granted the same younger beneficiary startled to question why the 2 main estate assets hadn’t been sold yet. I firmly told her that it was because my other sibling and I didn’t want to sell yet and she had essentially agreed prior to my mum’s death that I could live there. Also post Brexit uncertainty made me reluctant to sell at that point. My other sister and I tried again to explain this in a meeting with us all a few weeks later where she and her husband agreed, but a few months later she hired a solicitor who has been very aggressive, forced me to leave the home and sell the 2 properties. I guess she wanted to pay off her mortgage irrespective of the other 2 beneficiaries’ wishes.

We are now at the stage of nearing finalising the estate and my younger sister’s solicitor is playing up again asking for further accounts info such as bank statements showing complete running balances for all my mum’s bank accounts. I had supplied statements for the main estate account but have redacted the balances. Her solicitor also keeps going on about me paying my son £700 shortly after my mum’s death from the estate which was an honest case of mislabelling and which I paid back in 2 amounts a couple of years ago. As the amount was paid back I’ve removed this from more recent estate accounts. She also wants to see the files of the 2 estate solicitors I’ve used stating she wants to check they were correctly briefed and used for estate admin rather the defending me personally. My last solicitor already advised her she couldn’t have this info a couple of years ago which she didn’t dispute or respond at the time to so hence I took her to have accepted their expert response.

Her solicitor is now threatening to petition the court to force me to provide this extra info with final accounts. I believe her solicitors are just using my younger sister as a cash cow knowing she’s had a big payout. Do I have to provide the supporting info they’re asking for? I’m loathed to do so as my managing of the estate has resulted in additional income which she refuses to acknowledge or thank me for.

[EnglandPi]

Its all about transparency the executor is duty bound to provide an inventory and account of the estate on request of a beneficiary. If the information is not provided then they are within their rights to apply to the court for the same.

tagging des8

[Sam101]

Correct. As the executor you have the responsibility to show all accounts and dealings with the estate and have a duty of care to ensure that your Mothers wishes were dealt with in accordance with her Will.

The problem here is that something that was agreed verbally, or actually not agreed if you did not agree that in writing with the others, can come back and bite you somewhere. It can be unfair, but as your younger sister feels that she may not have understood what was going on, she has sought advice from a solicitor. That solicitor is doing his best to obtain information that will enable him to better advise his client. The longer this continues, the more costly it may be, the costs of which may fall on the executor if any action has not been dealt with correctly.

Try and talk with your sister when all three of you are together and se if you can sort it out agreeably so she can agree a sensible arrangement.

[GrandDad43]

Try and talk with your sister when all three of you are together and se if you can sort it out agreeably so she can agree a sensible arrangement.[/QUOTE]

thank you. We would talk but even before all this the most we communicated with our younger sibling direct was by sending and receiving a couple of happy birthday texts. I’m certain it will go to court if I don’t provide the info and I’ve already refused to provide it once.

[GrandDad43]

Furthermore, a meeting could also be inappropriate because my older sister has also raised with me as the executor an official complaint against my younger sister saying she feels bullied by her.

The bullying behaviours my older sister says my younger sister is guilty of include:

- suggesting via her solicitor that I pay both my siblings monthly rent on my mother’s house if I was still living there over 2 and a half years after my mothers death without discussing this with my older sister first.
- insisting via her solicitor that we used an estate agent who provided the higher valuation to sell the commercial property. I chose the 2 estate agents who quoted but my elder sister and I wanted to use the company who were the existing managing agents rather than the one who simply provided the higher market value. My older sister feels her wishes on this appointment we’re not taken into account.
- not returning my older sister’s calls and emails
- not being sympathetic or calling my older sister to check up on her when her husband died

as an executor I can’t allow one beneficiary to be bullied by another and I have repeatedly sent warnings about this bullying to my younger sister’s solicitor who just advises these accusations are unfounded or ignores it

[Sam101]

It seems that you are between a rock and a hard place and it can be so difficult seeing this situation build up so much.

Unfortunately, as the executor, your Mother felt that you were the most reliable of her children to deal with matters and your need to do your best, but simply ignoring requests for information will only make matters worse.

You need to avoid the possibility of a legal action against your efforts, as the costs can build up that you may be faced with paying, so showing your willingness to be open about everything and supplying information requested can only help.

Although it may seem a big hurdle to get over, you really need to get talking with your sisters and by suggesting a joint meeting with them, in writing, will show any court that you are trying to do your duty. All the solicitor consultations will only reduce the inheritance that your Mother wanted you all to have. The solicitors of any litigation will be the ones who cannot lose out here.

[des8]

Sorry, but i think, although with the best of intentions, you have gone about settling your late mother's estate as badly as it is possible.

As executor your duty is to gather in and protect the estate assets prior to distributing them as per the directions in the will as expeditiously as possible.

Your younger sister now questions why you were living in the house for over 2 years, not paying rent etc etc.

You should be trying to mend bridges with her so that she calls off her solicitor, and in the meantime either provide the solicitor with what he requests or instruct your own.

[twohoots]

It seems that you are between a rock and a hard place and it can be so difficult seeing this situation build up so much.

Unfortunately, as the executor, your Mother felt that you were the most reliable of her children to deal with matters and your need to do your best, but simply ignoring requests for information will only make matters worse.

You need to avoid the possibility of a legal action against your efforts, as the costs can build up that you may be faced with paying, so showing your willingness to be open about everything and supplying information requested can only help.

Although it may seem a big hurdle to get over, you really need to get talking with your sisters and by suggesting a joint meeting with them, in writing, will show any court that you are trying to do your duty. All the solicitor consultations will only reduce the inheritance that your Mother wanted you all to have. The solicitors of any litigation will be the ones who cannot lose out here.

Easier said than done Sam! Some people will just not talk or reply to letters but, as you say, at least you then have evidence to show the courts that you have tried to engage with them.

[GrandDad43]

Just to be clear, my elder sister and I speak or write on a regular basis, my elder sister believes I have done everything right with the estate.

Indeed, my younger sister has already made it clear she does not wish to meet with us again saying falsely that I had been autocratic and coercive in previous meetings and calls prior to her engaging a solicitor. So when she got a solicitor I told him any meetings I had with her must have him present.

After a year and a half of back and forth with a new solicitor I hired and paid for out of estate funds and after I had been forced to vacate and sell the family home under threat of court action, I suggested we go back to direct communication. My younger sister ignored this. My elder sister sent her numerous emails and made numerous calls to my younger sister asking her to cooperate but she heard nothing. My elder sister feels bullied by this lack of response by my younger sister and it forms part of her bullying complaint.

Before the hostilities started out of the blue. I had also tasked my younger sister to sell high value chattels which she offered to do as I was busy following the death of my father in law. She failed to sell some of them for the value my elder sister and I wanted so after her solicitors hostilities started I asked for these items back. She refused to let my elder sister collect them from her home and forced my elder sister instead to collect them from her (my younger sisters) husband’s workplace with a witness present. My elder sister also felt bullied because she had to collect these things in a formal situation in front of a stranger who she reports looked very embarrassed. This action has also been highlighted to my younger sister’s solicitor as bullying.

My younger sister’s solicitor is inept and makes lots of errors and causes delays, I’ve begged him to step down and for her to hire someone else and have written pages and pages of reasons why he should do so but he just ignores it,

Most of the estate has been settled now with my younger sister receiving in total about half a million, there’s not much left now to spend on further legal action,

[GrandDad43]

I had to stay in the house. The plan was we would sell the commercial property first so I had enough money to move. My younger sister never complained about this before my mum died or for a year an a half after her death. The house was worth nearly a million £ it couldn’t just be left unoccupied as this risked criminal damage, damp etc and an empty house isn’t so attractive to buyers. I was essentially a caretaker. The estate solicitor told her solicitor this in writing. However with the threat of court action the house was vacant for 6 months before it was sold. The solicitor helping me with the estate made it clear to my younger sisters solicitor that she would be held responsible for any damage caused to the property due to it being empty. Luckily nothing happened.

I’ve already used solicitors on this hence why my younger sister wants to see their files of paper. I don’t know why, my elder sister understands what each solicitor paid for out of estate funds was for, why can my younger sister not.

[Sam101]

It sounds like you are almost there already, but as far as letting your younger sister have all the papers from your solicitors, she is not entitled to them. The accounts are sufficient. If you were prepared to have them copied at her expense, then its up to you but it would probably result in further arguments from her, so perhaps not?.

Just keep up the good progress you are making and best of luck in finishing a very awkward situation.

At least you have been on a learning curve and have gained knowledge of how to deal with the next Probate you are involved in.

[GrandDad43]

It sounds like you are almost there already, but as far as letting your younger sister have all the papers from your solicitors, she is not entitled to them. The accounts are sufficient. If you were prepared to have them copied at her expense, then its up to you but it would probably result in further arguments from her, so perhaps not?.

Just keep up the good progress you are making and best of luck in finishing a very awkward situation.

At least you have been on a learning curve and have gained knowledge of how to deal with the next Probate you are involved in.

Okay, in that case I’ll just let her petition the court to try to get them safe in the knowledge she won’t win - thanks

oh and assuming I don’t have to provide all bank statements with balances either as per my initial post?