Advice Needed

ThankUMrJones

Desperately need advice.

My dad passed away last year and probate is still ongoing. I have no issue that it’s ongoing but more the lack of communication as to what is happening. He appointed two executors (family members) to sort out his estate which is equally divided between my sibling and myself.

I’ve asked so many times what is happening and to see up to date accounts for costs so far but had nothing and have been told nothing.

I had an issue with my sibling who required paperwork to show their assets for a court appearance. This included a breakdown of monies/gifts both of us had received. Unfortunately it was inaccurate and did not include a substantial amount of money they had received as it did not go back far enough. It also did not include various payments to them made for other things.  I have not had a good relationship with my sibling for many years but the nail in the coffin for me was when they stole a substantial amount of money off our father whilst he was hospitalised a few years ago.  I feel I need to mention this so you get some understanding of the type of person they are.
When they saw the inaccurate breakdown they basically went nuts. Assuming I had been in receipt of much more than they. I was sent a barrage of abusive threatening deeply upsetting emails. I had to ask the executors what my sibling was taking about as I had no idea. They showed me the breakdown and that is when I saw that it didn’t go back far enough and excluded quite a few things. I used to help my father with his finances so I knew what was going in and out of his account.  When he was in hospital on that occasion I had asked him to get his accountant to do his finances for him as my sibling had told him an incident of a friend of theirs sister having stolen £10,000 from their mother.  I knew immediately what they were trying to insinuate and so I asked immediately to no longer do certain financial things for him.
Anyway back to the financial breakdown. I told the executors it was incorrect, gave them dates and totals of monies my sibling had received and regular monthly payments which had been being made for them by my father for several years. I asked they mention this to my sibling so they are aware we had both received equal amounts from our father.
I was told they ‘didn’t want to get involved’. This is despite my showing them the despicable emails I was sent. I got in touch with the accountant myself and asked if they could update it and gave them dates and information of payments. I explained the circumstances and they know me through my having helped my father in the past. They updated it but could not confirm any figures or go into any details as they are not allowed to buy confined it was sent to the executors.
Ive asked them again today to update me on what is happening. Mentioned if I am needed for anything only to ask and I asked if the updated correct breakdown has been given to my sibling.
My other concern is that my sibling is going planning on moving back to the area and using out late fathers home as their base. They already had to sign a tenancy agreement on my insistence after our father passed away as they had intended staying in the house then but circumstances forced them to go back to their own house.

Really what I want to know is do I have any rights at all? 

I’m being completely ignored because they see my sibling as needing more ‘support’. My requests are going unanswered and I’ve yet to see a breakdown of costs for the estate despite asking since Nov last year. I have copies on messenger of my requests and can see they’ve been read. I get the occasional message off them but nothing answering any of my requests.

Is there anything I can do?

I want to make sure money stolen from the estate by them after our fathers death is counted. I was made aware of this by tenants who had given them the money. They barefaced lied to the executors about how much they had received. 

I don’t know what to do. The whole situation is deeply upsetting and I cannot understand their pandering of my sibling given their knowledge in what they’ve done and my showing them the emails I had…

littleredhen

quite a bit of info here 
https://www.ibblaw.co.uk/service/contentious-probate/problems-executors

Marcon

Myfallenheart said:

Desperately need advice.

My dad passed away last year and probate is still ongoing. I have no issue that it’s ongoing but more the lack of communication as to what is happening. He appointed two executors (family members) to sort out his estate which is equally divided between my sibling and myself.

I’ve asked so many times what is happening and to see up to date accounts for costs so far but had nothing and have been told nothing.

I had an issue with my sibling who required paperwork to show their assets for a court appearance. This included a breakdown of monies/gifts both of us had received. Unfortunately it was inaccurate and did not include a substantial amount of money they had received as it did not go back far enough. It also did not include various payments to them made for other things.  I have not had a good relationship with my sibling for many years but the nail in the coffin for me was when they stole a substantial amount of money off our father whilst he was hospitalised a few years ago.  I feel I need to mention this so you get some understanding of the type of person they are.
When they saw the inaccurate breakdown they basically went nuts. Assuming I had been in receipt of much more than they. I was sent a barrage of abusive threatening deeply upsetting emails. I had to ask the executors what my sibling was taking about as I had no idea. They showed me the breakdown and that is when I saw that it didn’t go back far enough and excluded quite a few things. I used to help my father with his finances so I knew what was going in and out of his account.  When he was in hospital on that occasion I had asked him to get his accountant to do his finances for him as my sibling had told him an incident of a friend of theirs sister having stolen £10,000 from their mother.  I knew immediately what they were trying to insinuate and so I asked immediately to no longer do certain financial things for him.
Anyway back to the financial breakdown. I told the executors it was incorrect, gave them dates and totals of monies my sibling had received and regular monthly payments which had been being made for them by my father for several years. I asked they mention this to my sibling so they are aware we had both received equal amounts from our father.
I was told they ‘didn’t want to get involved’. This is despite my showing them the despicable emails I was sent. I got in touch with the accountant myself and asked if they could update it and gave them dates and information of payments. I explained the circumstances and they know me through my having helped my father in the past. They updated it but could not confirm any figures or go into any details as they are not allowed to buy confined it was sent to the executors.
Ive asked them again today to update me on what is happening. Mentioned if I am needed for anything only to ask and I asked if the updated correct breakdown has been given to my sibling.
My other concern is that my sibling is going planning on moving back to the area and using out late fathers home as their base. They already had to sign a tenancy agreement on my insistence after our father passed away as they had intended staying in the house then but circumstances forced them to go back to their own house.

Really what I want to know is do I have any rights at all? 

I’m being completely ignored because they see my sibling as needing more ‘support’. My requests are going unanswered and I’ve yet to see a breakdown of costs for the estate despite asking since Nov last year. I have copies on messenger of my requests and can see they’ve been read. I get the occasional message off them but nothing answering any of my requests.

Is there anything I can do?

I want to make sure money stolen from the estate by them after our fathers death is counted. I was made aware of this by tenants who had given them the money. They barefaced lied to the executors about how much they had received. 

I don’t know what to do. The whole situation is deeply upsetting and I cannot understand their pandering of my sibling given their knowledge in what they’ve done and my showing them the emails I had…

If you 'desperately need advice' and 'don't know what to do', surely getting some proper legal advice is your best starting point? A fixed fee interview should be enough to point you in the right direction/help you decide what to do next. In particular, a solicitor could set the wheels in motion for you to apply for Inventory and Account (clearly and well explained here, so no need for me to expand: https://www.stephens-scown.co.uk/disputes-with-individuals/inheritance-and-trust-disputes/anxious-beneficiaries-and-the-secret-weapon-in-their-armoury/).

ThankUMrJones

Marcon said:

Myfallenheart said:

Desperately need advice.

My dad passed away last year and probate is still ongoing. I have no issue that it’s ongoing but more the lack of communication as to what is happening. He appointed two executors (family members) to sort out his estate which is equally divided between my sibling and myself.

I’ve asked so many times what is happening and to see up to date accounts for costs so far but had nothing and have been told nothing.

I had an issue with my sibling who required paperwork to show their assets for a court appearance. This included a breakdown of monies/gifts both of us had received. Unfortunately it was inaccurate and did not include a substantial amount of money they had received as it did not go back far enough. It also did not include various payments to them made for other things.  I have not had a good relationship with my sibling for many years but the nail in the coffin for me was when they stole a substantial amount of money off our father whilst he was hospitalised a few years ago.  I feel I need to mention this so you get some understanding of the type of person they are.
When they saw the inaccurate breakdown they basically went nuts. Assuming I had been in receipt of much more than they. I was sent a barrage of abusive threatening deeply upsetting emails. I had to ask the executors what my sibling was taking about as I had no idea. They showed me the breakdown and that is when I saw that it didn’t go back far enough and excluded quite a few things. I used to help my father with his finances so I knew what was going in and out of his account.  When he was in hospital on that occasion I had asked him to get his accountant to do his finances for him as my sibling had told him an incident of a friend of theirs sister having stolen £10,000 from their mother.  I knew immediately what they were trying to insinuate and so I asked immediately to no longer do certain financial things for him.
Anyway back to the financial breakdown. I told the executors it was incorrect, gave them dates and totals of monies my sibling had received and regular monthly payments which had been being made for them by my father for several years. I asked they mention this to my sibling so they are aware we had both received equal amounts from our father.
I was told they ‘didn’t want to get involved’. This is despite my showing them the despicable emails I was sent. I got in touch with the accountant myself and asked if they could update it and gave them dates and information of payments. I explained the circumstances and they know me through my having helped my father in the past. They updated it but could not confirm any figures or go into any details as they are not allowed to buy confined it was sent to the executors.
Ive asked them again today to update me on what is happening. Mentioned if I am needed for anything only to ask and I asked if the updated correct breakdown has been given to my sibling.
My other concern is that my sibling is going planning on moving back to the area and using out late fathers home as their base. They already had to sign a tenancy agreement on my insistence after our father passed away as they had intended staying in the house then but circumstances forced them to go back to their own house.

Really what I want to know is do I have any rights at all? 

I’m being completely ignored because they see my sibling as needing more ‘support’. My requests are going unanswered and I’ve yet to see a breakdown of costs for the estate despite asking since Nov last year. I have copies on messenger of my requests and can see they’ve been read. I get the occasional message off them but nothing answering any of my requests.

Is there anything I can do?

I want to make sure money stolen from the estate by them after our fathers death is counted. I was made aware of this by tenants who had given them the money. They barefaced lied to the executors about how much they had received. 

I don’t know what to do. The whole situation is deeply upsetting and I cannot understand their pandering of my sibling given their knowledge in what they’ve done and my showing them the emails I had…

If you 'desperately need advice' and 'don't know what to do', surely getting some proper legal advice is your best starting point? A fixed fee interview should be enough to point you in the right direction/help you decide what to do next. In particular, a solicitor could set the wheels in motion for you to apply for Inventory and Account (clearly and well explained here, so no need for me to expand: https://www.stephens-scown.co.uk/disputes-with-individuals/inheritance-and-trust-disputes/anxious-beneficiaries-and-the-secret-weapon-in-their-armoury/).

Sarcasm excluded, link appreciated.

Marcon

Myfallenheart said:

Marcon said:

Myfallenheart said:

Desperately need advice.

My dad passed away last year and probate is still ongoing. I have no issue that it’s ongoing but more the lack of communication as to what is happening. He appointed two executors (family members) to sort out his estate which is equally divided between my sibling and myself.

I’ve asked so many times what is happening and to see up to date accounts for costs so far but had nothing and have been told nothing.

I had an issue with my sibling who required paperwork to show their assets for a court appearance. This included a breakdown of monies/gifts both of us had received. Unfortunately it was inaccurate and did not include a substantial amount of money they had received as it did not go back far enough. It also did not include various payments to them made for other things.  I have not had a good relationship with my sibling for many years but the nail in the coffin for me was when they stole a substantial amount of money off our father whilst he was hospitalised a few years ago.  I feel I need to mention this so you get some understanding of the type of person they are.
When they saw the inaccurate breakdown they basically went nuts. Assuming I had been in receipt of much more than they. I was sent a barrage of abusive threatening deeply upsetting emails. I had to ask the executors what my sibling was taking about as I had no idea. They showed me the breakdown and that is when I saw that it didn’t go back far enough and excluded quite a few things. I used to help my father with his finances so I knew what was going in and out of his account.  When he was in hospital on that occasion I had asked him to get his accountant to do his finances for him as my sibling had told him an incident of a friend of theirs sister having stolen £10,000 from their mother.  I knew immediately what they were trying to insinuate and so I asked immediately to no longer do certain financial things for him.
Anyway back to the financial breakdown. I told the executors it was incorrect, gave them dates and totals of monies my sibling had received and regular monthly payments which had been being made for them by my father for several years. I asked they mention this to my sibling so they are aware we had both received equal amounts from our father.
I was told they ‘didn’t want to get involved’. This is despite my showing them the despicable emails I was sent. I got in touch with the accountant myself and asked if they could update it and gave them dates and information of payments. I explained the circumstances and they know me through my having helped my father in the past. They updated it but could not confirm any figures or go into any details as they are not allowed to buy confined it was sent to the executors.
Ive asked them again today to update me on what is happening. Mentioned if I am needed for anything only to ask and I asked if the updated correct breakdown has been given to my sibling.
My other concern is that my sibling is going planning on moving back to the area and using out late fathers home as their base. They already had to sign a tenancy agreement on my insistence after our father passed away as they had intended staying in the house then but circumstances forced them to go back to their own house.

Really what I want to know is do I have any rights at all? 

I’m being completely ignored because they see my sibling as needing more ‘support’. My requests are going unanswered and I’ve yet to see a breakdown of costs for the estate despite asking since Nov last year. I have copies on messenger of my requests and can see they’ve been read. I get the occasional message off them but nothing answering any of my requests.

Is there anything I can do?

I want to make sure money stolen from the estate by them after our fathers death is counted. I was made aware of this by tenants who had given them the money. They barefaced lied to the executors about how much they had received. 

I don’t know what to do. The whole situation is deeply upsetting and I cannot understand their pandering of my sibling given their knowledge in what they’ve done and my showing them the emails I had…

If you 'desperately need advice' and 'don't know what to do', surely getting some proper legal advice is your best starting point? A fixed fee interview should be enough to point you in the right direction/help you decide what to do next. In particular, a solicitor could set the wheels in motion for you to apply for Inventory and Account (clearly and well explained here, so no need for me to expand: https://www.stephens-scown.co.uk/disputes-with-individuals/inheritance-and-trust-disputes/anxious-beneficiaries-and-the-secret-weapon-in-their-armoury/).

Sarcasm excluded, link appreciated.

There is no sarcasm - I had merely picked up that you were expressing extreme concern and uncertainty, and gently pointing out that this really is a case where a free forum isn't going to cut it when you are apparently in such distress.

Trooper21

Hi

I agree with the above poster. Get a solicitor, get some solid advice and pay for it. On forums it is really difficult to advise precisely unless you know all and sundry about people's situations which isn't always appropriate on a forum.

I'm sorry this has happened to you, best of luck.

thegreenone

If the Will states that the estate needs to be divided equally between you and your sibling, the executors need to do just that.  Sell the house and divide everything equally otherwise they are not lawfully fulfilling your father's wishes.  I don't think who has had what in the past comes into the equation.  As unfair it may be.

ThankUMrJones

thegreenone said:

If the Will states that the estate needs to be divided equally between you and your sibling, the executors need to do just that.  Sell the house and divide everything equally otherwise they are not lawfully fulfilling your father's wishes.  I don't think who has had what in the past comes into the equation.  As unfair it may be.

Honestly I’m not contesting anything in the will but I do want to ensure my sister has the correct information. 

The other issue I now have is she intends moving into his house as she is moving back to the area. I’m not sure she should be allowed to personally but I know the executors will allow it. My concern is longer term issues with her for when it’s being sold as she cannot afford to buy me out.

They have agreed she will need to pay the bills but if it’s put into our joint names frankly I feel she should be paying me half the rental market value. I believe they are also getting her to sign a tenancy agreement. At what point do I have any day in what decisions are made, if any! 

ThankUMrJones

Trooper21 said:

Hi

I agree with the above poster. Get a solicitor, get some solid advice and pay for it. On forums it is really difficult to advise precisely unless you know all and sundry about people's situations which isn't always appropriate on a forum.

I'm sorry this has happened to you, best of luck.

Thank you. I was asking here mainly to see if it is worth my going to the additional cost of a solicitor as I’ve had to fork out a lot already, if the law is on my side then clearly it is worth it but I’m not in a position to be able to spend on them for the sake of it unfortunately.

Malthusian

Myfallenheart said:

The other issue I now have is she intends moving into his house as she is moving back to the area. I’m not sure she should be allowed to personally but I know the executors will allow it.

She is allowed although it seems more trouble for her than it is worth when it should be on the market and she will have to move out again for it to be sold. Clearly you want it to be sold and distributed as cash which means the executors should be getting on with it - doing otherwise is a waste of time for everyone.

They have agreed she will need to pay the bills but if it’s put into our joint names frankly I feel she should be paying me half the rental market value.

Not how it works. She is a joint owner and has the right to live there. (As do you.) But if she's the only one exercising her right to live there, she should be paying all the bills and maintenance.

I believe they are also getting her to sign a tenancy agreement.

Why? She's not a tenant, it's her house (as well as yours). (The estate's house technically, but when she is due to inherit half and the executors are happy for her to move in without waiting for the title to be transferred, it makes little practical difference.)

At what point do I have any day in what decisions are made, if any!

Once the house is transferred into your names you will have the right to go to court and force a sale if you can't come to an agreement with your sister.

As that would be a waste of time and money for all concerned, the executors should be putting it on the market and selling it without delay.

As others have said you will need legal advice at some point down the line if you want to do anything except forget about it and just wait for the money. So it may be worth doing that now rather than waiting until you get to the point of having to force a sale.

wilfred30

If she moves in and refuses to move out again, good luck selling it.

You might have to consider moving in yourself depending on your current situation.