My siblings sold house contents

runningbuddy

Hi folks. My brother, sister and myself are beneficiaries of my mother's estate. She passed away 18 months ago. The house is in the process of been sold. However, I just discovered that my brother and sister sold all house contents, which would amount to a significant amount. They are refusing to split proceeds 3 ways. They insist on keeping the proceeds themselves. We 3 are not close, never have been. Do I have any legal standing on this? The solicitor who takes care of my mother's estate says it is "a family matter".

seamus

Who's the executor and what does the will say?

Was there ever any discussion over who actually owned the contents - i.e. was it established that everything belonged to your mother when she passed away, or did it belong to either of your siblings?

On the face of it if the will says that the estate should be split 3 ways, then the proceeds of the sale of any part of the estate - including house contents - should be divided 3 ways.

The solicitor saying it's a "family matter" suggests that there's more to it?

runningbuddy

HI Seamus,

All 3 of us are Executors. Yep, I agree with you that there is more to it. There generally is when it comes to my siblings. :rolleyes:

Claw Hammer

You need independent legal advice. The solicitor cannot advise both sides of a conflict.

Larbre34

What does the Will stipulate?

If it comes to it, you can hold up the sale of the house pending agreement on compensation from that sale for the share value of the contents. Have a Solicitor of your own inform them of this required satisfaction if they wish to finalise all matters and receive their share of the house itself.

Spook_ie

HMRC is quite specific about records that executors should be able to provide
https://www.gov.uk/valuing-estate-of-someone-who-died/records

Records
You must keep certain records after you value an estate.

HM Revenue and Customs (HMRC) can ask to see your records up to 20 years after Inheritance Tax is paid.

You must keep copies of any:
will
copies of signed Inheritance Tax forms and supporting documents
records showing how you worked out the value of assets in the estate, for example an estate agent’s valuation
documents showing any unused Inheritance Tax threshold that can be transferred to a surviving spouse or civil partner
final accounts
Final accounts
Include any documents showing how you distributed money, property or personal belongings from the estate, for example:
letters from HMRC confirming that you paid Inheritance Tax
receipts showing debts paid, for example utilities bills
receipts for your expenses from dealing with the estate
written confirmation that ‘beneficiaries’ (anyone who inherited) received their share of the estate
Send copies of the final accounts to all beneficiaries.

But is there a possibility that the proceeds are being kept in escrow until the sale of the house and then you get 33.3% of the total left after HMRC's bit

AnRothar

Spook_ie wrote: »

HMRC is quite specific about records that executors should be able to provide
https://www.gov.uk/valuing-estate-of-someone-who-died/records


But is there a possibility that the proceeds are being kept in escrow until the sale of the house and then you get 33.3% of the total left after HMRC's bit

What is the equivalent from the Irish revenue commission?