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Inheritance advice

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  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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 
    It's not clear what you did but I think you are saying that you and 5 siblings should each have received £18,000
    One of your sisters (Presumably the one who was joint executor with you?) took more than her share leaving a shortfall. 
    You then took your full £18,000 leaving your other siblings short.

    So the end result was: Your got £18,000
    Other non-executor siblings got £14,000 each
    Other sister got £27,000. 

    Is that correct? 

    If so, then the sister who got £27,000, assuming she was a beneficiary, is wrong as she used her position as a beneficiary to give herself a larger share than she was entitled to. 
    If what actually happened was that, as an executor, she instructed a solicitor to deal with issues relating to the estate, then that is something she is entitled to do and the costs would come out of the estate before it was shared, so each of you, including her, should get a bit less than £18,000.
    If you then used your position as executor to take your full share of £18,000 then you did the same as her - you misused your position as executor to put your personal interests ahead o those of other beneficiaries. What you should have done was to distribute the funds equally between yourself and the other beneficiaries, and taken steps to recover the overpayment you executor sister made to herself

    In either case, you and the other executor were responsible for distributing the money in accordance with th will, and if you didn't, if you allowed one (or 2) beneficiaries to have more than their share, at the expense of the other beneficiaries, then you are both personally liable and the other beneficiaries can pursue either or both of you . You can't escape responsibility for your co-executors actions, you were responsible for ensuing that the estate was properly administered and if she took more than she could have done and refused to return it then you should have taken action on behalf of the estate to recover the money from her
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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