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Executor refuses to pay inheritance

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  • Executor refuses to pay inheritance

    My mother passed away almost 3 years ago, I have 2 brothers all named on the will, all being executors also, her property to be sold and divided 3 ways.
    There has been issues selling the property, my siblings refused to sign the final handing over of this, so the buyers took us all to court and awarded the sale to go through, with a fee of £13,000 to come off the house value.
    While I followed out the executor duties, register death, debtors, pension etc...
    I organised the funeral and paid from my own monies, no problem, until her life insurance came through.
    This being, I received the Ashes, to this day still, they remain with me, there has been belongings gone missing from the property to which hold sentimental value over monetary value, to which I believed some for myself which did not come to myself.
    Now the problem being, that as an executor and beneficiary, the ultimatum that I have been given is, that if I do not hand over the Ashes to the siblings I will not receive any monies that are to be split 3 ways from the property sale that has already been sold and monies already in 1 of the siblings bank account.
    Any advice would be grateful, as this has been a complete shambles in organising from the beginning and had a complete strain on my wellbeing.
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  • #2
    As an executor, you are not only responsible to deal with the estate efficiently, but have a duty to ensure that your brothers also act correctly. You can take action to stop the Probate and ensure that this happens.

    The assets of the estate should not be in the account of one of your brothers. It should be in an Executors account only.

    As Probate has not yet been granted, you can apply for it to be stopped so that the court can then direct how best to deal with the estate.

    You should speak with solicitors as soon as possible and explain the situation and ask for this to be dealt with. I believe that if one brother caused the loss of part of the estate through his actions, then he should personally be responsible for that loss, but you can ask your solicitor about that when you speak. Good luck and let us know how you get on.
    Last edited by Sam101; 28th April 2022, 06:54:AM.

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