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[Mercury55]

Hi, anyone have any advice on the above please?
How to finish living this nightmare .

[Peridot]

Hi Mercury55,

Have the beneficiaries agreed to refund your brother the sum or is this still being argued? If you and your sister have agreed to refund him I can't see what the issue is? Whether all the beneficiaries approve the accounts or not, it is still the executors decision. What are they waiting for that makes them feel they cannot distribute, is it just your brother's claim for reimbursement and the 2 rings he has?

The decision as mentioned, is with the executor. I would be surprised if the solicitors acting would encourage any claim to be made by the estate against the brother, for the couple of rings bearing in mind the cost of doing so or are they waiting for him to make a claim against the estate for reimbursement?

There is the option available for the beneficiaries to make an application for an inventory and account but this still doesn't force the executor to distribute. What has the solicitor said as far as the accounts and distribution are concerned? Various indications of when distributions may be made are not contractual. I would suggest contacting the solicitors to see what they have been instructed to do bearing in mind their previous comments and the fact you have complied with your side so to speak.

[Mercury55]

Hi peridit
Latest from solicitors is.
My brother holding estate assets, (2 rings, value £60) he has made demands telling them to now distribute within 7 days and threatened executor with court action.
He's gone completely over the top and his actions are stopping distribution. Solicitors say if goes to court they will apply for costs against him not the estate.
Will they go to court for 2 rings?
Also the executor has now chosen to go with the set of accounts that takes money (£2500) off him,
I have told them to give the 2 rings to my sister.
My brother has also sent me abusive and threatening messages, saying you'll wait a long time for your mo ey and other things, do I tell the solicitor about this?
How do we end this

[Peridot]

Hi again,

Oh dear, why has he turned against you? Not really relevant to be honest. If he wants to bring a claim then you can't stop him. I suspect he can't prove the expenses he incurred and if he sought legal advice he'd probably be advised against bringing a claim. However, that is his decision. Is the solicitor saying they will distribute in any event on the basis he doesn't receive the money he claims is owed?

From the sounds of it you have done everything you were expected to returning the rings, the issue is your brother. I'm afraid this is up to the executor and whether they wish to ignore your brother's threats and distribute anyway or whether she wishes to sit tight and wait for any claim although a

simple indemnity

provided by the beneficiaries which states if a claim does arise they may have to return a sum from their inheritance if the claim were successful. The threat of your brother having a costs order against him if he's unsuccessful in any claim may cause him to think again about this.

As far as messages to you are concerned, there is no harm letting the solicitors know but if they are harassing in nature you could think about reporting him to the police. This could cause further issues for you so it is your decision, but may be worth considering. It is a shame relations have gone so low within the family over such an insignificant sum in the bigger scheme of things.

There is nothing you can do to speed things along, you have complied with any of their demands so it is down to the executor now.

[Mercury55]

He turned against me because I handed the rings back as requested trying to conclude everything.
So if he refuses to hand them back, will they have to take him to court? Can the court order him to hand back?
Surely a solicitor would tell him the cost outways the expenses and he should hand them back as they are part of the estate and upto discretion of executor to distribute
He's also arguing other items were taken by all 3 beneficiaries and none of those of been asked to be returned, but again executor has discretion over personal chattels as described in the will

[Peridot]

Hi,
I don't think they are planning on taking him to Court it appears he is threatening to sue the estate from what you have said. It does seem to be a sledgehammers and nuts. If they allowed him to keep the rings would he back down? As you say it is up to the executor who has what. At the end of the day he won't get very far, but as I say there is nothing you can do about his issues. You could maybe ask if the executor would be willing to make an interim payment to the beneficiaries but again this is at the executor's discretion, they don't have to.
You need to sit and wait, maybe give the solicitor's a nudge occasionally just to see if any decisions have been made but not too often. They will only do as they have been instructed and if there is a threat of a claim it wouldn't be seen as unreasonable for the executor to hold off longer or to give the brother a deadline in which to bring the claim. I suspect they are holding fast bearing in mind the likelihood of him being successful would appear somewhat slim, just to make him make a move and allow matters to be finalised.
I would maybe ignore messages from him, keep in touch with the solicitors and let them know if there is any further from your brother if you wish.

[Mercury55]

Thank you,
Yes it is now just a battle of wills, who gives in first.
So you think they will not go to court over £60 worth of rings? Will they take the value off him?
Also a while a go he told me he was going to arrange to have the executor and my sister burgled, also worried he might do this to me, should I tell anyone, it was in a phone conversation we had.

[Peridot]

In my opinion that is serious and you would be the best person to know whether he is likely to carry out his threat. Maybe even more reason to report to the police the harassing messages.

[Mercury55]

OK thank you.
What about them taking him to court over 2 rings?

[Peridot]

You need to step back a bit. I suspect it unlikely the solicitors will advise the executor to sue him. More likely they are waiting for him to actually do something claim wise. Take a breath and consider whether you need to inform the police over the threats and harassment from your brother. Talk to the solicitor if you think that would help you.

[charitynjw]

Peridot as a 'bump'

[Mercury55]

Hi, I didn't think you could make any sort of claim until everything was finalised, accounts complete, money distributed and estate closed?
What would he be claiming for?
I thought you could only go to the Legal Ombudsman after everything was completed?

[Mercury55]

Hi, it's been over 3 weeks since the last communication from the Solicitors, do you think I should ask what the situation is now?
What kind of claim would they be thinking he could make?
I thought you couldn't make a claim until everything had been finalised, accounts done, money distributed etc...
What would he be claiming for as I'm sure they have done everything in the appropriate way?
The solicitor says he holds estate assets, but will not admit it, they are worth about £50, are they likely to apply to the court like they have said they will for 2 rings?
Thank you

[Peridot]

Hi Mercury55,
A claim can be made at any point once the Grant has been issued although there are some time limits for certain claims. You need to discuss with the solicitors what it is they are actually anticipating here. As I mentioned previously I doubt the solicitor would be minded to encourage bringing a claim against him for the value of the rings but this will ultimately be a decision for the executors.
Speak to the solicitor dealing with this.

[Mercury55]

Thank you,
It seems ridiculous one person can hold everyone else to ransom!
What are they afraid of, what claim can be made?
If they go to court over 2 rings worth £40.00, how long will that take, what is the likely outcome?

Can they ask him not to make any sort of claim ever?
At what point will we get to distribution, it's made me so unhappy and sad, all this arguing over trivial amounts.
2 stubborn people not willing to move.
Should I contact solicitors ask for an update?
Thank yiu