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awkward sibling

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    As above.

    Clearing and collecting will be the issue depending on how long you have before completion on the property.

    How local are people, is this a case of everyone chipping in for a van for a day and going round each house or are people to far to make moving big items worth while.
  • rheme
    rheme Posts: 1,018 Forumite
    Part of the Furniture Combo Breaker
    Currently going through a similar thing re my parents property. Wrote to siblings advising that any small items would be gifted however any items of value would have to be purchased.

    In the event that one sibling produced a list of items they would like and another requested only one item (which was also in the list of the first) then it would be at the discretion of the Executors as to how items were apportioned e.g. the second sibling would receive the one item they had requested and the first all items they had requested minus the item acquired by the second sibling.

    Hope this helps.
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    edited 1 June 2014 at 3:47PM
    I've done this over the internet using the seconds of each person's email to decide the order of allocation for anything worth less than £100.
    For anything above £100 the probate valuation came off their cash inheritance - It gets a bit complicated when there is significant IHT involved. If you are not careful nobody wants the family heirlooms.

    You could always auction stuff off amongst yourselves and failing agreement put it on Ebay or the local auction house.

    I was once at an auction of the contents of a retirement bungalow. The most valuable item amongst the dross was a long case clock and I am pretty well certain it did not belong to the retired couple - it had been added from another estate to establish a "fair" valuation.
  • reason01
    reason01 Posts: 21 Forumite
    Hi All

    Following on from this thread this house completed on 22nd July. Solicitor has now written again asking for assets & liabilities, I have responded and told them they already have assets! and that liabilities will be sent when all bills on the property are finalised. They keep asking for assets due to the fact I was gifted in December 2005 and I have not mentioned this to the solicitor, as this was nearly 9 years ago, am I right in sayng the awkward sibling has no legal right to claim any of this money? Once the liabilities are settled, can we send all beneficiaries a cheque or do we have to get them to all agee the figures before giving them their inheritance? I've seen somwhere on this site that you have to get signature and if not all parties agree you can't distribute assets? is this the case, as I know for a fact the awkward one will dispute everything (she previously complained about mums funeral costing to much !!).
  • RAS
    RAS Posts: 36,149 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You would be advised to send a copy of the estate accounts to all beneficiaries and a letter for them to sign confirming thier acceptance thereof.

    Only once you get that letter back from them all do you send any cheques. If it is a large amount of money, you might want to ask them for bank account numbers and send the money via BACS transfer?
    If you've have not made a mistake, you've made nothing
  • reason01
    reason01 Posts: 21 Forumite
    edited 5 August 2014 at 2:11PM
    Thanks for response RAS what if the awkward one doesn't sign? I dont believe she will as she has complained to another sibling that the funeral cost to much money, where would we stand if she didn't sign, would that mean no one else could get their inheritance??
  • RAS
    RAS Posts: 36,149 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In that instance I would distribute 90% of the estate and retain the rest of the money in case of difficulties (or whatever would cover the amount she queried).

    Send those who sign their 90% and let them know that the rest is retained until you are are certain there will be no unexpected claims on the estate.

    You have advertised for creditors, have you not? Any letters from the DWP?
    If you've have not made a mistake, you've made nothing
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    RAS wrote: »
    You would be advised to send a copy of the estate accounts to all beneficiaries and a letter for them to sign confirming thier acceptance thereof.

    Only once you get that letter back from them all do you send any cheques. If it is a large amount of money, you might want to ask them for bank account numbers and send the money via BACS transfer?
    That is very bad advice. Nobody has a right to the things the solicitor is asking for unless the is undue delay. You should not allow yourself to be bullied in this way. Do not distribute an interim payment yet. The solicitor is bluffing.
  • reason01
    reason01 Posts: 21 Forumite
    edited 28 August 2014 at 8:50PM
    Sister 1 - Refusing to communicate & using solicitor
    Sister 2 - on speaking terms.

    Please help this is still ongoing, we were distributing our mothers jewellery and wrote to the solicitor and asked if the Sister 1 would like to choose by photo or send her daughter she refused both. The solictors responded saying she did not want to be present, and that her only request was one of the sovereign ring and any other items our other sister 2 choose, we grouped into rings, earrings, braclets and gold chains., and flicked a coin to see who went first, sister 2 & myself. In the end the sister 1 that is refusing to communicate ended up with a gate braclet, gold neckless, wedding ring, earrings, 2 x watches. she didn't get a sovereign ring as we put names in the hat and my daughter pulled the names out of the hat!! sister 2 & myself had sovereign ring each. Sister 1's jewellery was taken to solicitors office and receipt given.

    I then had a call from sister 2 (the one I now speak to) not sure if she is always honest,but said solicitor had phoned her and said we 2 x excutors (me & my bro) are slow in sending the solicitor the assetss & liabilities, they had already had the assetts! We could not do liabilitities as the house had only completed on 22nd July and us trying to get a final bill from n power has been a nightmare. We are now in reciept of all outgoings bills and will be finialising the estate sending liabilites to the soliciitors today as only returned from holiday alst night!!

    I've just received a text message from my sister 2 I'm in communication with saying 'they want her to sign affidavite re jewellery distribution as not fair as one of the chains is not gold? but mum had this chain since I was about 18 so how would anyone know that it was not gold. It turns out Sister 2 took her jewellery and sisters 's jewellery to be valued (no idea why she would do this and this is how it was discovered while I was on holiday) Solicitor apparently complaining about unfair distribution, but she had all photos and choose not to go down this avenue. Solictor also saying Funds not given out, breakdown not given, and who's account is the interest going into!! The house only sold on the 22nd July and any interest in the exe account would be split 6 ways anyway. The sister 2 also claims the law society have also called her and want her to sign court papers (she is a compulsive liar so not sure if she is making this all up) The law society are claiming we are withholiding information but I emailed the solictor the day before I went on holiday approx 19th August and advised them that we were waiting for n power's final bill and would respond on my return 28th August. Solictitor also complaining of funds not being given out? Sister 2 says they are serving papers on her to go to court?? but she doesnt know why!! (By the way she worked for this solicitor for 10 years hence why he called her direct)

    Please advise ? We can prove n power bill only received last week and I send cheque off last night on my return from hols. We are communicating with solictor? what more can we do. I really feel like we are being bullied. No futher letters from solicitor - just text message from sister 2 and really unsure if she is just lying. She only works 6 hours a week and think she is just desperate for money.

    How can they take up to court if we have tried to communicate with the uncoopertive sisbling sister 1, please help at my wits end!!!!

    Further text from sister 2 to say its the law society that have asked her to go in to sign affidavit, ? why would they be involved, this is all so ridiculous! why are they askin her to sign an addifdavit??
  • RAS
    RAS Posts: 36,149 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Can you go through the last message and at least refer to sister 1 and sister 2 etc as it is not clear who has done what?
    If you've have not made a mistake, you've made nothing
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