Sibling as (obstructive) executor

Money5

Father died a year ago, sibling is executor of will and we are not on good terms.
Probate took 10 months and house sale due to complete in 6 weeks.
I recently received the first interim payment (from assets other than house) but sibling has refused to disclose total value of our fathers estate and lawyer says he can't tell me.
There is one cash legacy which I assume was paid first from the cash assets. The residue of the estate is to be split 50/50 between myself and sibling.
My question is, can I assume that he has also paid himself an interim payment of equal value to mine ?
Once the house has sold we will then each be due 50% of the proceeds of the sale plus anything remaining from what may have been held back to cover bills etc.
Is it possible or likely that my sibling is waiting to take his first payment after the house sale?
I am eager to organise my own finances (including moving house)and am finding it exasperating not knowing how much is due to me in total.
As I know the house sale price agreed I would have a better idea if I knew for certain that my sibling is only due 50% of this.
The way things currently stand it seems I wont know the value of the entire estate until the very end of the process when I believe I will be asked to sign off the estate accounts.

elsien

I’m not sure what way you think they are being obstructive? Things are going through and you’ve  had an interim payment. I would consider being obstructive as not doing what they are meant to be doing, which is sorting out the estate. That bit they’re doing. It’s fairly normal not to share a lot of information before the estate is finalised, so as not to raise expectations if there are any unexpected debts, et cetera. 

No one can answer your question as to whether your sibling has given themselves the interim payment or not.

I’m not sure what you mean about signing off the accounts though. As it beneficiary you have the right to ask see them once completed When my grandparent died I wasn’t offered the accounts and I didn’t sign anything. Just got a cheque in the post.

p00hsticks

Money5 said:

The way things currently stand it seems I wont know the value of the entire estate until the very end of the process when I believe I will be asked to sign off the estate accounts.

That's the way it works, I'm afraid. You can get a reasonable idea of the estate value from what was declared at probate (have you looked ?) , but until all assets are sold and bills paid, as a residual beneficiary you (and the executor) won't know exactly how much you are getting until they are in a position to draw up the final accounts and distribute the estate.  this is especially true where property is involved as there will still be associated bills coming in until it is sold. 

Your sibling may not be in a position to tell you what you want to know, but I can't see from what you say that they are being 'obstructive'. Many executors wouldn't have made an interim payment at all, and it sounds as if they have made reasonable progress in getting probate through and the house sold if your father only died last year, especially given that they will have suffered a loss and been grieving as you presumably are. 

Marcon

Money5 said:

Am I able to access what was declared at probate? 

See https://www.gov.uk/search-will-probate and download a copy of the will and grant for £1.50. It will show you the gross and net values of the estate. 

Money5 said:

Father died a year ago, sibling is executor of will and we are not on good terms.
Probate took 10 months and house sale due to complete in 6 weeks.
Sounds as if all has gone smoothly and quickly
I recently received the first interim payment (from assets other than house) but sibling has refused to disclose total value of our fathers estate and lawyer says he can't tell me.
Sensible of your sibling not to commit until they have certainty, and lawyer is quite right to say they can't tell you
There is one cash legacy which I assume was paid first from the cash assets. The residue of the estate is to be split 50/50 between myself and sibling.
My question is, can I assume that he has also paid himself an interim payment of equal value to mine ?
I wouldn't assume anything if I were you
Once the house has sold we will then each be due 50% of the proceeds of the sale plus anything remaining from what may have been held back to cover bills etc.
Is it possible or likely that my sibling is waiting to take his first payment after the house sale?
Nobody here could know the answer to that
I am eager to organise my own finances (including moving house)and am finding it exasperating not knowing how much is due to me in total.
You'd be even more exasperated if your sibling had given you an estimate which then dropped considerably and/or was delayed because the house sale falls through
As I know the house sale price agreed I would have a better idea if I knew for certain that my sibling is only due 50% of this.
The way things currently stand it seems I wont know the value of the entire estate until the very end of the process when I believe I will be asked to sign off the estate accounts.

The house price might have been 'agreed' but if completion isn't for six weeks, are you sure exchange has actually taken place?

Nobody knows the value of the entire estate until the process has been completed (and as others have said, you don't have to sign off the accounts - you aren't an executor).

Cut your sibling a bit of slack - you come over as very confrontational, when there is no evidence that anything is being done improperly, slowly or deviously, which could be why your sibling, probably with the benefit of legal advice, is not giving you the answers you seem to think you are entitled to.