06 Oct 2016

A question about : awkward sibling

probate granted five months ago, sibling saying not comunicating with her says she wants to contest will , constant harassment ,lying ,to solicitors ,false accusations wants money straight away but we want to wait until house is sold as we have still got expenses

Best answers:

  • It can make life difficult when a beneficiary behaves like this. Nothing you can do except follow all the rules as executor so there's nothing for her to challenge about your handling of the estate.
    If there is plenty of free cash, it's not unusual to offer beneficiaries an interim payment but you must make sure there is plenty left to pay all the estate bills.
  • Thanks Majisola, we have 7 days to respond to solictors letter, there are 6 siblings as beneficiarys and none of us speak to her, we have already given a breakdown of assets with a copy of the when mum first passed, she wanted money and constantly asking for Jewellery, but been ignoring my emails, and make late nights calls to me - antagaganising me. What would happen if we didn't reply to solictor in 7 days, grant esd granted December 2013, would you be able to offer any advise please?
  • Who are the executors, some of the siblings or solicitors?
  • They say we are unwilling to communicate yet she ignores emails, we blocked her number from our mobiles and discover over 20 text messages demanded breakdown of estate (stil in spam folder). they want full details of assets and liabilities of the estate on an interim basis. They want to know why we have not dispersed the rest of the estate, money is sat in executor account, but house only just sold and we still have expenses.
    She is also upset because 4 our of 6 children were gifted by our parents and because we looked after them, 2 lived away and never visited, we did not disclose this at probate stage? should we have if premium bonds where in our names? She claims she has absusive texts but its all complete lies, we cant even grieve for our mum due to all this, she a buddhist of all people !!
  • 6 children all beneficiarys - 2 being executors.
  • You realise that the solicitor will have written the letter using the "facts" given by your siblings? And will be happy to charge them to write several more?
    Legally, the beneficiaries don't have to be told anything but it's good practice to let them know they are due an inheritance.
    No-one can demand their inheritance before the estate is finalised. They don't have to be given interim accounts.
  • "The reason they are giving ius 7 days to respond"
    Solicitors cannot set deadlines other than as part of actual legal proceedings, which this isn't. As I've said on other occasions, there is no such thing as a solicitor's letter, merely a letter written by someone who happens to be a solicitor. You are free to ignore the letter; they are free (or, more accurately, will be paid) to take action if they choose.
    Talk about abusive texts is irrelevant. If your sister believes she is the victim of abuse and harassment, she should go to the police. They will want evidence, and the penalties for lying to the police are substantial.
  • Thanks for your reply Security Guy I've had to set up again as couldn't seem to get back on, but following on from this trail, I hope you can help.
    Yesterday ther 8th day another letter from the solicitor with the following statement : -
    If we do not hear from you within the next 5 days we are instructed to issued porceeding to force you to provide the information that has been requested.
    The issue of proceding would involve you in expense in complyng with our reasonable request to provide a details interim account of the assets and liabilities of the estate !!
    Bearing in mind all sibling have had a breakdown, there are 6 of us, 2 being executors.
    Do we now seek our own solictor? How can they take notice of this 1 fruit the loop sibling? If this does go to court and she is prove to be a lying will she incur all court costs and the estate be reimbursed? Its all the stress. She has emailed one of my brothers demanding to stay in the house for 2 days so she can see whats she wants and say goodbye, but she never bothered when mum and dad were alive. We are goling to refuse this as she the sort of person to cause trouble and then ring the police.
    Please help what do we do?
  • Thanks for responding, house in sold subject to survey, and cash buyers so will be pretty quick we think over the next 4 weeks. There are 2 sisters, the one that's desperate for money has gone all quiet, because she thinks it costs her money, its the one that is the eldest demanding it all again, sent an email with literally everything in the house, greed, and root of all evil, we will do a letter now, thanks Miss Price :-)
    Shes bonkers but don't think she'd break in, and we couldn't be present with her in the same house/buildings, we are going to refuse entry in case she takes anything, she knows what the sofa's look like but wouldn't put in past her to clear the house, shes already taken photos so god knows what else she's taken. she'd more than likely leave a tap running just to put us out.
  • If you have given the troubled sibling the interim accounts just tell the solicitor to ask for a copy from their client.
    Or just send them a copy anyway if you have them.
    don't have to explain your actions for the executors year
    readup about troublesome executors to know what the process is that the solicitor might follow(he don't care if you are trouble or not he is getting paid)
    here is one link.
    https://www.step.org/tackling-troublesome-executors
    I would write something alon the lines of
    Thank you for the enquiry for the etste accounts of ........ on behalf of your client ........ enclosed are copies of all the information she has recieved from us allready...
    yours.
    Now there is another angle but much more aggressive and would need some legal advice,
    It may be that the actions of the sibbling could be harasment and a shot across the bow with suitable legal words could shut this down as it will cost her money to defend an harrasment claim(and a share of her distribution.).
    No need for registered or signed for just free proof of posting(two seperate post offices for belt and brases).
  • Very interesting reading Thank you. We have now sent an email to the solictor with delivery and read receipts. Our email is to the point and even offering to sit with her and distribute the jewellery which we know she will decline, but at least we be seen not to be the awkward ones. (my brothers choice much to my annoyance) If they come back demanding we respond again, we will go down the harrassment root, thanks to everyone for their help.
    One final question - my brother (the other exec) emailed everyone advising them on the 4th May that the house has been sold, and asking them what they would like from the house, she has finally come back asking for sofa's, tea sets, etc etc, large expensive items, has anyone had any experience of how we would make this fair, what if we have 4 siblings after the same item, would it be up to the executors to decide or do some sort of 'dip'.
    Sorry for constant questions! but found this site and contents on here brilliant !!
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