Inheritance advice

Hawkangel15

Hi , my late father passed away in 2011. Myself and sister are Excuters to the will. After probate we put all the inheritance money into an Excuters account. We all taken our share and left to siblings with much less share. Was because another siblings wanted to borrow 8K from the accounts. To buy my dad's house. (Deposit).
 As an Executor i myself ,taken an extra share. For example. Should of had 18k each from the sale of the house. But only 14K received due to my sister dodgy solicitor. So I decided to take my share and my brother to. Now the account is empty. My sister (Executor) saying I'm the thief. Reporting me for fraud. What can she do ?.
And am I right saying she owes the money back not me?. As don't know what to do. Any advice will be helpful. Thanks

naedanger

It is very hard to understand what you are saying but it sounds like, at best, you have badly mismanaged the estate. 

I don't think you sister will be at fault for employing a solicitor and taking the costs from the estate. If you took more from the estate for some beneficiaries such that the others are disadvantaged then I think you can be held personally liable and so you could be sued.  Whether it amounts to theft or fraud will depend on the detail but I suspect it unlikely you will be prosecuted.

Of course I may have misunderstood the situation. As I said I find it hard to understand your post.

PRAISETHESUN

All costs (solicitors, etc) should be taken from the estate and then any remaining money should be distributed evenly to all beneficiaries. Assuming this solicitor was acting on behalf of the estate, and not for your sister personally, then you can't dispute that. Unless you have personally chipped in to cover the estate's expenses, then you have no right to distribute the money as you have done. Your sister is well within her rights to chase you for any extra money that you took that she was entitled to.

74jax

Hawkangel15 said:

Hi , my late father passed away in 2011. Myself and sister are Excuters to the will. After probate we put all the inheritance money into an Excuters account. We all taken our share and left to siblings with much less share. Was because another siblings wanted to borrow 8K from the accounts. To buy my dad's house. (Deposit).
 As an Executor i myself ,taken an extra share. For example. Should of had 18k each from the sale of the house. But only 14K received due to my sister dodgy solicitor. So I decided to take my share and my brother to. Now the account is empty. My sister (Executor) saying I'm the thief. Reporting me for fraud. What can she do ?.
And am I right saying she owes the money back not me?. As don't know what to do. Any advice will be helpful. Thanks

At the start how much was in the executor account?
How many beneficiaries were there and what amount were they due?

Then, I think you are saying you and your sister took your share (is this as stated in the will?) and left your siblings with a lesser share (again was this lesser amount stated in the will?).

You say as an executor you then took an extra amount.  What was this for?

How was your sisters solicitor dodgy?

Your sister can do exactly as she has done and report you for fraud.  I'm not sure the content of your post sorry, are you able to comment on the questions I've asked to get a better understanding?

Hawkangel15

Hi , yes I taken an extra share as my other sibling , who brought the house. Given us all less than what it was worth. Valued at £225.000
After my mum's share we received £14.000 Each.
Should of got £18.000. Plus my sister got her share. 6 Siblings in total. 
I taken what I was due. And my Sister should give my other 2 Siblings back there share. Basically they owed £4500 each.
Should I have to pay or my Sister?.

I feel 

Mickey666

Hard to understand what has gone on here.
It's important to understand that a person can be both an executor and a beneficiary but that the two things are legally different things.  Executors have a legal duty to manage the deceased's estate and carry out the directions of the will in the best interests of the beneficiaries. 
If the proceeds of the estate are not correctly distributed to the beneficiaries as directed by the will then those beneficiaries may have a claim against the executor. 
As for using a solicitor, any beneficiary can use a solicitor if they wish but that would be a personal matter and for them to pay personally.  If an executor uses a solicitor for the purpose of advising or managing the deceased's estate then that would be payable by the estate.   Obviously there is scope for overlap and thus confusion in this respect, but that's why it's very important to separate the role of executor and beneficiary, even if they are one and the same person.

Brynsam

Executors are jointly liable for any misdistribution of assets, so the starting point is that if you and your sister haven't distributed the estate correctly, you are both responsible for paying the shortfall to the other beneficiaries. You would then claim against your sister if you believe she has received too much, but as I can't understand your post, it's impossible to know if that is the case.

Keep_pedalling

The estate should have been distributed 9 or 10 years ago, why did you not do that?

Robin9

@Hawkangel15 

As executor you effectively do the job for free - you can claim minor expenses -  .because your father asked you (and sister) to do so.   Just taking another share is not on.

The advance to the one sibling so that it could be used as a house deposit should have come out of their share providing all the others agreed.

Fire_Fox

If you want any further guidance please lay your post out logically. Loads of blanks.
Value of house £225K
Minus all costs (inc. legal costs of sale) £xxK
Minus Mum's share ??% or £??K
Remainder £??K
Sibling no, expected % under will, actually took £:
1 Hawkangel15 (executor) ??% £18K
2 Sister (executor) ??% or £??K
3 Brother ??% or £18K
4 Bought house (should pay legal costs of purchase) ??% or £8K 
5  ??% or £14K
6 ??% or £14K

elsien

There is a difference between what the house was valued at and what you agreed it should be sold to your sibling for. What did your sibling actually pay for the house, and why did you all agree to that if you felt it was worth more? Who valued it at 225K?