Selling Family Possessions

AJROBINSON01

Hi wonder if anyone has any advice with regards to our situation?

So my auntie has lived with her parents all her life (parents are now deceased) & my auntie will continue to live there.

My dad & a different sibling have been made as executors & are now in the process in sorting out probate. 

In the meantime, we have found out that my auntie (the one who lives in her parents home) is selling all my grandparents possessions - they are not allocated in the will to anyone - but is pocketing the proceeds.  What we can see so far (on FB Marketplace) the value of goods which is on sale is approx £400 but we don't know what else she has been selling/sold without our knowledge.

Is this allowed?
Should you be selling things before probate?
Should the executors be making the decisions if things are to be sold?
Should the money made be split between those mentioned in the will (who will get a split of the house when sold)?

Unfortunately the siblings don't get on & what we can see the home has been cleared of all personal belongings which belonged to my dads parents without his consent/knowledge.  When it was questioned my auntie thinks she has the right to because its her home!

Thank you for any advice given 

Keep_pedalling

It sounds like she is selling her parents chattels. Unless you have proof what she is selling did not belong to her parents there is little you can do about it, so I would let it go.

Newly_retired

The  executors should have the say, not the aunt, but it is probably impossible to prove that the parents did not give her the items when they were alive.

Flugelhorn

Keep_pedalling said:

It sounds like she is selling her parents chattels. Unless you have proof what she is selling did not belong to her parents there is little you can do about it, so I would let it go.

I agree - she could easily say they are hers if she has always lived there

Keep_pedalling

Who inherits the house? 

AJROBINSON01

Keep_pedalling said:

Who inherits the house? 

It's to be split equally between them all 

RAS

If the house is to be split between the three and auntie is going to continue to live there, how are the other two siblings to access their share of the estate? Is there an Immediate Post Death Interest trust saying she can continue to live there?

And how is auntie going to afford to live in a house on her sole income, when previously it was supported by the incomes of two other people?

thegreenone

AJROBINSON01 said:

Keep_pedalling said:

Who inherits the house? 

It's to be split equally between them all 

What does the Will specifically say? 

The house is to be sold and the money split between the siblings;
or
The house is to be split between the siblings.

Both are going to be difficult with aunt still living in the house.  The latter more so.

As to the chattels, perhaps a little nudge email/text to Aunt that online selling can be subject to HMRC investigation and tax payable. All of which will need to be declared for Probate so your Dad will need records of everything she has sold.   A little heavy handed as chattels can be listed with low value but it may, may give Aunt the wobble she needs to let the Executors do their job.

I did sell lots of my late Mum's things on ebay and an open house and declared all sales. Sole Beneficiary though.

Flugelhorn

thegreenone said:

I did sell lots of my late Mum's things on ebay and an open house and declared all sales. Sole Beneficiary though.

I agree very different if the sole beneficiary - I sold lots of uncles stuff on ebay - there were 8 beneficiaries, I just kept all the others up to date with what was going on

thegreenone

Flugelhorn said:

thegreenone said:

I did sell lots of my late Mum's things on ebay and an open house and declared all sales. Sole Beneficiary though.

I agree very different if the sole beneficiary - I sold lots of uncles stuff on ebay - there were 8 beneficiaries, I just kept all the others up to date with what was going on

Yes, different being Sole but I kept meticulous records of everything I sold in case HMRC or any other body came looking.  More for my peace of mind.

Flugelhorn

thegreenone said:

Flugelhorn said:

thegreenone said:

I did sell lots of my late Mum's things on ebay and an open house and declared all sales. Sole Beneficiary though.

I agree very different if the sole beneficiary - I sold lots of uncles stuff on ebay - there were 8 beneficiaries, I just kept all the others up to date with what was going on

Yes, different being Sole but I kept meticulous records of everything I sold in case HMRC or any other body came looking.  More for my peace of mind.

absolutely - records always needed!