Beneficiary refuses to sign off estate account

[Scully40]

Hi, hope someone can help. My mom died over 2 years ago, appointed 2 people as executors; my uncle and a firm of solicitors. As she was terminally ill. The will was written in front of the solicitor at the hospital. My sister demanded more inheritance from my mom, while she was alive and mom being so upset cut her inheritance in half. Sister blamed me stating I coerced her. She has been a nightmare to deal with since mom died; changing funeral arrangements behind my back, beating me up, breaking into my house ( which I half owned with mom). Two years later the estate has been finalised by the executors. My sister received her bequest specified in the will (75k) and I was to have the remainder of the estate including the house.

My sister received notification of the estate accounts and was asked to sign off so that I could be given the remainder of the estate, and to (I think) absolve the executors... Or release them, and that she was satisfied with the final accounts. This amounted to 10k. Since my sidter received her bequest she refuses to sign off the final account, therefore leaving me in the lurch with no money.I spoke both the executors who have told me they have written to her 4 times (over the last month), but can do no more until she signs off.

My questions are:
Can she legally refuse to sign? She hadn't made a complaint, but refuses contact of any form.
How do I proceed now, if the executors (solicitors of moms estate) say they can't do anything.
Is there any court or judge, or someone I can contact to force her to sign off on the account?
How can I get my money if I've signed off the account, as have the executors?
Can I sue her for loss of interest and emotional distress if she continues to ignore the executors, and signing off the final accounts?

Any help would be gratefully appreciated. I understand that if there is a complaint, the probate judge has to see it... Don't they? But what happens when she refuses to do anything. I mean she's got her intire inheritance so can wait to sign off indefinitely whilst I'm living on bread and water. I cared for my terminally ill parents, emotionally and financially for 10 years, ( and am still paying for the loan I took out to care for them) and this is killing me. Please could anyone advise what to do next.

Thank you

Thank you

[swifty]

Re: Beneficiary refuses to sign off estate account

that is absolutely disgusting, obviously your sister has no sense of morality 'even my rat of a dog knows the difference between right and wrong ffs'
I know someone will be along soon who can help you, if there is a way these guys will know how to deal with it.

In the mean time, don't give up.. I'm a true believer in "what comes around go around"

[Scully40]

Re: Beneficiary refuses to sign off estate account

Thanks for the support. I just hope someone can help me as i'm at my wits end over this. She has been an absolute nightmare. The sols who are managing mom's estate went to the hospital after my mom called them and they did the will for her. All the family treated my mom as if she wasn't able to make decisions because she was paralysed and had been bed ridden for several years. But, she was a tough lady whose mind was chrystal clear. The changing of the will was her idea, she contacted the sols and amended it. When I asked them why she amended it (I always said to mom it should be 50/50 right down the middle) even though my sister only visited my mom on my sisters birthday. She told them that beause of my sisters demands and how I was being treated she wanted it changed. My mom was fully aware that my sister was all about the money. My mom used to pay her petrol money just so she'd visit my mom.

My mom told the sols that she knew my sister would cause trouble and that's why the will was amended without telling us. Trouble is, mom didn't know that my sister had to sign off on the accounts before I could get my money. She just thought her daughter would get the £75k and that would be it. I don't think she was aware of the whole accounts thing. To be honest I wasn't even aware that the beneficiaries had to sign off the will. It makes me wonder if I should amend my will so that if there is any trouble over the will that the people who need the money first actually get it before signing off the accounts under the specific bequests.

I think the solicitors who go out and visit, or people who attend the sols themselves with feuding families need to be told the full process and complications that an arise if you have an awkward family member. My mom never wanted this, she just wanted to make sure I was taken care of, and here I am 2 years later still waiting for my sister to sign the forms. I've still not heard a damn thing, and just don't know what to do next.

Please, if anyone an help me i'd be very appreciative.

[Hurricane Puffrose]

Re: Beneficiary refuses to sign off estate account

hi there Scully,
firstly, if no one has already done it, Welcome to Legal Beagles, you are in the right place for friendly advice.

Apologies that you have not had a definative answer as yet, but I will put out a shout for you, see if the right person is online for you.

The cavalry are coming hun.. hold on in there

[Scully40]

Re: Beneficiary refuses to sign off estate account

Thanks Puff Rose, I hope to someday return the favour.

[SpringerSpaniel]

Re: Beneficiary refuses to sign off estate account

You should see a solicitor to have legal advice for yourself. There may be some who do a free or fixed cost initial interview. If necessary, an application can be made to the court about this.

[leclerc]

Re: Beneficiary refuses to sign off estate account

Having spoken with someone who I think would be good on this topic the advice they have given me is this and I quote this in full:

"The OP has nothing to worry about IMO as the will was properly drawn up and executed by a solicitor. I would also expect the solicitor to have obtained a medical opinion on his mother to confirm testamentary capacity. As a death bed will they might not have had time. But otherwise I should say that was fine.

The statutory limitation for challenging a will on the grounds of duress/inacapcity etc is 10 years (not six years) and that is why the Executors are keen to have the estate accounts signed off by the sister. The sister is out of time for an inheritance act claim but as an adult and non-dependent child of the deceased that would have been a fruitless claim anyway (the court discourages such claims).

However, there is no requirement to have the esatet accounts signed off by a legatee or a residuary beneficiary. It is just good practice and on a challenge the executors would wave this to the court saying, "lookit! she agreed to it at the time!". That's the puprose of it really.

They can distribute the etate without the signed estate accounts and IMO should be compelled to do so."

[Scully40]

Re: Beneficiary refuses to sign off estate account

Having spoken with someone who I think would be good on this topic the advice they have given me is this and I quote this in full:

"The OP has nothing to worry about IMO as the will was properly drawn up and executed by a solicitor. I would also expect the solicitor to have obtained a medical opinion on his mother to confirm testamentary capacity. As a death bed will they might not have had time. But otherwise I should say that was fine.

Thanks for this, it really is very kind of you to go to this trouble for me. There was no medical opinion that i'm aware of, but the nurses, carers, mom's friends and some family (those that don't have a grievance against me) along with the solicitors who draw up the power of attorney for me on mom's request would all attest to just what an intelligent my mom was even at the end. My sister did try initially to say my mom was incapable of making her own decisions and told the solicitor that, but when she heard from the nurses, carers, the executor and the sols that she was mentally fit and that it would be highly unlikely that the judge would declare mom non comptus mentus (is that right?) She thought better of it, and then tried the old, 'I stole my mom's money and coerced her into making the will.' But since the will stated I would initially give my sister 100k cash (then mom amended it to 75k) the advice she got apparantley from her own sols was that if I was coering mom, then it stands to reason that I would demand all of it, and not have to pay any money to her for my mom's half of the house. So she decided against doing that as they told her it would cost her a firtune in legal bills and she'd lose. Also, the estate aounts proved that I had not withdraw any money out of my mom's aounts apart from the £1000 whih was transfered over to my sisters aount at Christmas at my mom's request. The sols confirmed to my sister that no money was withdrawn, not even to pay the nursing home fees which were paid by me every month out of my own money. Plus, I wasn't even aware mom had arranged for a codicil (confirmed by the executors to my sister at the will reading). She promptly walked out half way through after reading it.

The statutory limitation for challenging a will on the grounds of duress/inacapcity etc is 10 years (not six years) and that is why the Executors are keen to have the estate accounts signed off by the sister. The sister is out of time for an inheritance act claim but as an adult and non-dependent child of the deceased that would have been a fruitless claim anyway (the court discourages such claims).

I hope that given it's been two years since the will reading and the above, that if she did take things further (although she signed to say she reeived her 75k), no one would take her case.

However, there is no requirement to have the esatet accounts signed off by a legatee or a residuary beneficiary. It is just good practice and on a challenge the executors would wave this to the court saying, "lookit! she agreed to it at the time!". That's the puprose of it really.

They can distribute the etate without the signed estate accounts and IMO should be compelled to do so."

This surprises me that there is no law requirement for her to sign off. Why havent the exeutors progressed this, instead of making me go down this route/ I spoke with my the executor this afternoon and told him, that if she has 7 days to sign the form, if she doesn't, then i'll speak to the probate judge and then it will be up to her to explain to the judge why she hasn't signed. There has been no complaint about the accounts or anything, she knows that by refusing to sign I won't receive any money and that's why she's stonewalling me. She did try to make contact and make nice a few months ago, but given the hell she's put me through, I refuse for her to know where I live or have any contact with me. Hopefully, by saying this to the executors, if she refuses, then I want a hearing with the judge, I just hope this might shift her. Fingers crossed. I'll let you all know how I get on. Again I appreciate everyone's advice and have taken it on board. So thanks.

[Scully40]

Re: Beneficiary refuses to sign off estate account

Just to give an update, I told the sols and the other executor that I wanted an appointment with the Probate judge as she was still refusing to sign. I told the sols to send another letter and to give her 7 days to sign or I was prepared to go to court over this, and I would be asking for interest lost on my money along with suing for emotional distress if she didn't sign. I got a text from the executor to say that my witch of a sister has now signed and it is with the sols. So fingers crossed I should get a letter shortly advising me of that... although I wont hold my breath. I'm annoyed that the sols never said this to her, I dont need this and it's their responsibility, not mine. Will let you know when I finally get my money. Thanks everyone for all your help.

[Celestine]

Re: Beneficiary refuses to sign off estate account

Great news hopefully Scully.

Yup most solicitors need a firm prod to make them actually deal PROactively!

Glad the site helped you see the wood for the trees xx

[Inca]

Re: Beneficiary refuses to sign off estate account

So pleased for you Scully,,Wills are a nightmare and other people compounding that nightmare is nothing short of evil.
I'm going to be dealing with a will for my FIL in the not too distant future and I am already relying on the lovely people on LB to walk me through it by the hand,,and they have already eased my mind..Good Luck hun x

Inca x

[Scully40]

Re: Beneficiary refuses to sign off estate account

Thanks Celestine and Inca, without you all, id still be stressing, youll never know how much I appreciate all you help and support. I hope to one day be able to return the favour in some small way. I'm sorry to hear about your FIL Inca, my thoughts and prayers are with you. What I would say after all this, is speak to your FIL on his own and find out exatly what he wants. ALthough wills are a great thing to have, sometimes it doesnt always ath the nuances of what the person wants if that makes any sense? I just hope everything goes smoothly for you in what I know will be a very hard time for you and your family. Best wishes.

Now I just need to sort out my cousin who is going through a similar time as me. Not sure whether to open a new thread or ask here. His mom (my auntie) died 9 years ago. His sister and his sisters boyfriend along with his dad(auntie's ex) were all executors of my aunties will. Thing is, they have never done anything. The house is still in my dead auntie's name, the sister took all the money the 2 kids were owed through the life insurance and won't pay it back and now the bailiffs are at the door. My cousin wants to sell the house, as it's him paying for everying, but with no will (they refuse to give it to him), and they never filed the probate, never transfered the house into the siblings name It's all a big mess and hes now stressing espeially as the brother is up to his eyes in debt and they are now having bailiffs round. He wants to sell the house and move out as he's been paying all the bills sine his mom died. The sister and brother have never paid a penny, but won't sell, won't help make payments to get the house into a liveable order. it's horrendous, and my cousin is just drowning. His dad (one of the executors) is refusing to do anything, and won't give him a opy of the will, won't talk about the probate and told him its got nothing to do with him. They've done nothing what my Auntie want and now my poor ousin is just lost and is about to lose it. I've tried to get him to go see a sol, but he's worried about how it will impact on the rest of the family, even though they all refuse to talk about it. What a mess!

[Nic]

Re: Beneficiary refuses to sign off estate account

Hope you get this sorted scully the guys on here are invaluable with not only there knowledge but the emotional support it's fantastic

[Budgie]

Re: Beneficiary refuses to sign off estate account

Now I just need to sort out my cousin who is going through a similar time as me. Not sure whether to open a new thread or ask here. His mom (my auntie) died 9 years ago. His sister and his sisters boyfriend along with his dad(auntie's ex) were all executors of my aunties will. Thing is, they have never done anything. The house is still in my dead auntie's name, the sister took all the money the 2 kids were owed through the life insurance and won't pay it back and now the bailiffs are at the door. My cousin wants to sell the house, as it's him paying for everying, but with no will (they refuse to give it to him), and they never filed the probate, never transfered the house into the siblings name It's all a big mess and hes now stressing espeially as the brother is up to his eyes in debt and they are now having bailiffs round. He wants to sell the house and move out as he's been paying all the bills sine his mom died. The sister and brother have never paid a penny, but won't sell, won't help make payments to get the house into a liveable order. it's horrendous, and my cousin is just drowning. His dad (one of the executors) is refusing to do anything, and won't give him a opy of the will, won't talk about the probate and told him its got nothing to do with him. They've done nothing what my Auntie want and now my poor ousin is just lost and is about to lose it. I've tried to get him to go see a sol, but he's worried about how it will impact on the rest of the family, even though they all refuse to talk about it. What a mess!

This is just not on.

Your Auntie died 9 years ago !

Whilst there is no time limit for obtaining a grant of probate there is a guideline in law which states that estate administration should take no longer than 12 months without a good and justifiable reason.

If your Cousin feels that administration is taking too long ( I cannot see any possible reason why it should take 9 years ) then he must instruct a Solicitor to make enquiries on his behalf. His sister ( the sister's boyfriend ) and the Dad ( Ex Husband ) may have very good reasons as to why they do not want the official process to be bought to a conclusion, although I am pretty sure that those reasons will be extremely detrimental to them.

Your Cousin as an Executor has every right to see the Will and to to be honest, from what you have stated, your Cousin should not be at all concerned about progressing this matter through a Solicitor and upsetting the 'family'. After all it is he that is suffering and going through the crap at the moment through no fault of his own.

The house cannot be sold until probate is resolved, irrespective of whether the Executors agree and that will be true for now and at any time in the future. So probate must be resolved. It's likely that your cousin, because he hasn't seen the Will, probably wasn't made aware of the full extent of his Mother's estate and to what extent he and his Brother would/should have benefitted. I suspect that is where the reluctance for probate progression stems from as far as the Dad and Sister are concerned.

If this were me I would be making an appointment with a Solicitor specialising in Probate matters this afternoon.

[Scully40]

Re: Beneficiary refuses to sign off estate account

Thanks Budgie, it's horrible. I just feel for him because he as only 20 when his mom died, his brother as 16 (nearly 17) and his sister as 25. She left to live in Leeds and has never been back home, never returned to the house and hasn't done diddly squat with anything. Their father is just as bad. He took care of the younger brother until he turned 18 (although still lives at home). Unfortunately he was never an exeutor, so they won't show him the will. To be honest I don't think they know where it is anymore. I only knew about what was in the will as my parents were to be exeutors initially before the daughter and ex husband stepped in. By that time my Auntie was too ill to say anything. All I know from what my Auntie told me is that she wanted the house to be split 3 ways (siblings) and for the 15k life insurance to be split 3 ways (siblings). There were no other savings (only debts) whih my cousin paid (although it should have been done under probate).

I have no idea why probate wasn't sought, all I can think of is that they didn't know what to do. However, now as my ousin wants to sell up as he ant bear living at the home anymore (My auntie died at home), he just wants to move on with his life, but doesn't know where to start. Ive told him to speak to a solicitor and said the family have never thought about him, so he should think and do what he needs to do. But, it's suh a hard deision to have to make, especially as my sister and other family don't speak beause of what my sister accused me of. I know he's been trying for years to get it sorted, but because nothing was ever filed and they have never given a reason (apart from keeping all the money), he's just lost. They don't want to sell, wont pay for the upkeep, won't buy him out of his share (as they already owe him 10k). Do you think it's worth going to citizens advice or going straight to a probate solicitor and just telling the other siblings they will have to bear the cost of getting a solicitor if they refuse to do anything? Obviously it's time this nightmare ended and he moves on with his life, for his own peace of mind. I will do whatever I can in terms of helping him get back on his feet, it just pains me that they are refusing to do anything.