Estate not being settled, what rights do we have?

Overly-optimistic

Hello,
I'm looking for some advice on behalf of my husband, apologies for what will be a long post.
My husband's dad died in November, his next of kin his 3 children, my husband being the youngest.
At first the other two siblings said they were having trouble locating the will, then the oldest apparently found it whilst starting to clear the house, and stated she was sole executor of the will. She said there was no money, but a small funeral plan - but this was unlikely to cover all the bills due, so we would have costs to pay. there wasn't a property to sell. All this time we have waited for a list of costs, and to see what ( if anything) we owed.
Fast forward to now, we had a call from the middle sibling, stating that he was tired of waiting to hear, so contacted the solicitor who sent him a copy of the will (he has emailed us a copy). On the will the two older siblings are executors, and the three siblings trustees, with the estate to be shared equally between the three of them.
Middle sibling also stated there was a bank account with 11k in it, also a missing post office book and there was cash in the house.
Apparently it appears that the eldest told the middle sibling that my husband didn't deserve anything and that they would share the money between themselves, now apparently the eldest has kept all the money and not distributed it, and middle sibling saying he knew nothing about any of it.(yes very confusing)
We can only guess what happened to the po book and cash, but have not seen any figures for costs or assets, or heard anything from the older sibling. Living over 200 miles away is not making the situation any easier either.
My question is, what rights does my husband have if any? Does he just have to accept that he will not see any of the money as it is a small amount (even though we don't know the full picture?) Oldest sibling keeps telling the middle one that the cheques are in the post - he received a spoiled one for 2.5k that he couldn't cash, we've not seen or heard anything.
My oh thinks they were in it together until oldest sibling double crossed the middle one, who then came to us.

Sorry for the lengthy post!

Yorkshireman99

Overly-optimistic wrote: »

Hello,
I'm looking for some advice on behalf of my husband, apologies for what will be a long post.
My husband's dad died in November, his next of kin his 3 children, my husband being the youngest.
At first the other two siblings said they were having trouble locating the will, then the oldest apparently found it whilst starting to clear the house, and stated she was sole executor of the will. She said there was no money, but a small funeral plan - but this was unlikely to cover all the bills due, so we would have costs to pay. there wasn't a property to sell. All this time we have waited for a list of costs, and to see what ( if anything) we owed.
Fast forward to now, we had a call from the middle sibling, stating that he was tired of waiting to hear, so contacted the solicitor who sent him a copy of the will (he has emailed us a copy). On the will the two older siblings are executors, and the three siblings trustees, with the estate to be shared equally between the three of them.
Middle sibling also stated there was a bank account with 11k in it, also a missing post office book and there was cash in the house.
Apparently it appears that the eldest told the middle sibling that my husband didn't deserve anything and that they would share the money between themselves, now apparently the eldest has kept all the money and not distributed it, and middle sibling saying he knew nothing about any of it.(yes very confusing)
We can only guess what happened to the po book and cash, but have not seen any figures for costs or assets, or heard anything from the older sibling. Living over 200 miles away is not making the situation any easier either.
My question is, what rights does my husband have if any? Does he just have to accept that he will not see any of the money as it is a small amount (even though we don't know the full picture?) Oldest sibling keeps telling the middle one that the cheques are in the post - he received a spoiled one for 2.5k that he couldn't cash, we've not seen or heard anything.
My oh thinks they were in it together until oldest sibling double crossed the middle one, who then came to us.

Sorry for the lengthy post!

If there is a valid will the the executor(s) legally have gather in any debts and assets a pay bill and distribute funds strictly according to the will the executor have no discretion in the matter. If there is no valid will then someone can apply for letters of administration to do the work. In such a case the intestacy rules come into play. Do read The stickies at the beginning of this forum.

Overly-optimistic

Thanks, yes there is a will which is valid.
The problem is getting the oldest sibling to give any information. she told the middle sibling everything is sorted and the cheques are on the way. However, he is joint executor and hasn't dealt with anything as initially didn't realise he was joint executor, until he saw the will recently (oldest sibling lied and said she was sole executor).
Neither he (as joint executor) or my oh have seen any proof of costs or assets, and she ignores communication and requests to see what has been paid out/dealt with, and proof of assets.

We have no experience of anything like this, middle sibling says nothing can be done as the monetary amounts are potentially quite small (even though we don't know any figures!)
So my question is, legally can the oldest sibling (and potentially the middle one too, as he seems to at least in part be involved in the deception) just decide to keep all the figures to themselves, and also the cash, with no explanation just 'the cheques are in the post' even though they're not?

Tigsteroonie

If it were me, i'd be tempted to engage a local solicitor (maybe split costs with middle sibling) to write a strongly worded letter to oldest sibling explaining how a valid will must be distributed in accordance with the deceased wishes, and the potential legal risks of not doing so. Basically put the frighteners on them ...

Yorkshireman99

Tigsteroonie wrote: »

If it were me, i'd be tempted to engage a local solicitor (maybe split costs with middle sibling) to write a strongly worded letter to oldest sibling explaining how a valid will must be distributed in accordance with the deceased wishes, and the potential legal risks of not doing so. Basically put the frighteners on them ...

Do it without the cost of a solicitor giving him 14 days to produce the will and start talking. He needs to know that you mean business and will not be fobbed off. Send by letter not email.

Overly-optimistic

Thank you both, I will speak to oh, he is angry at the deception by both of them, not really the money - he thought they all got on well before this! The worse thing is the disrespect of his father's wishes, and the fact that the original plan involved them producing a bogus bill that we would be asked to pay!
If it had to be pursued further do you know if it could be done simply, or would mean costly fees?

Flugelhorn

I think that you can contact the PO (well at least one of the executors can) to get a statement of the account.

Re taking the process further - suspect if you start with the firm letter (as per Y99) above then they will know you mean business. It is appalling that the eldest sibling is behaving in this way

Overly-optimistic

Thank you, I will get something drafted to show him. :-)

TBagpuss

It is in the middle siblings interest to sort it out - as executor, they have legal responsibilities and I believe that they, and the eldest, could be personally liable if they don't administer the estate correctly.

It would be perfectly reasonable for them to use the £11k or so of liquid assets to cover immediate costs such as the funeral, any legal advice and bills on the house until it is sold, but they have to account for it properly.

They are not entitled to take any money as payment for acting as executor.

Middle sibling as executor is entitled to see all of the paperwork, and I would suggest that your husband speaks to his sibling and suggests that they see a solicitor - as executor, middle sibling may want to ensure that the estate is administered correctly in order to cover their own back!

Middle sibling cannot simply shrug and say that as the cash isn't a lot they can't do anything. They should b able to find out, by contacting the bank and post office, how much was in each of the accounts when they were closed. Cash is much harder to trace but if middle sibling knows there was some there they can insist on it being included in the estate accounts and distributed, even if in practice that means your husband gets a few thousand pounds extra when the house is sold, rather than now, if the eldest sibling has spent the ready cash.

Yorkshireman99

TBagpuss wrote: »

It is in the middle siblings interest to sort it out - as executor, they have legal responsibilities and I believe that they, and the eldest, could be personally liable if they don't administer the estate correctly.

It would be perfectly reasonable for them to use the £11k or so of liquid assets to cover immediate costs such as the funeral, any legal advice and bills on the house until it is sold, but they have to account for it properly.

They are not entitled to take any money as payment for acting as executor.

Middle sibling as executor is entitled to see all of the paperwork, and I would suggest that your husband speaks to his sibling and suggests that they see a solicitor - as executor, middle sibling may want to ensure that the estate is administered correctly in order to cover their own back!

Middle sibling cannot simply shrug and say that as the cash isn't a lot they can't do anything. They should b able to find out, by contacting the bank and post office, how much was in each of the accounts when they were closed. Cash is much harder to trace but if middle sibling knows there was some there they can insist on it being included in the estate accounts and distributed, even if in practice that means your husband gets a few thousand pounds extra when the house is sold, rather than now, if the eldest sibling has spent the ready cash.

To get get he money the elder sibling will have had to give Bank an indemnity. The pay out to the correct person and recover it plus costs from the wrong one.

macman

If the distribution has (allegedly) already taken place, then probate has been obtained. If so, the value of the estate is a matter of public record. Just apply to the Probate Registry for a copy. That will tell you what amounts are involved.