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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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A sibling brother is a co-administrator and is in dispute with

Resolved Question:

A sibling brother is a co-administrator and is in dispute with myself and my brother - the two other co-administrators to our father's estate and he refuses to co-operate to distribute the assets of our father's estate. We have managed to sell the estate property, but are unable to distribute the assets to the beneficiaries.
We attempted to set up an adjudication process - and spent the last three months exchanging letters to our brother's solicitor on this process - but now our brother has ceased communication again.
What steps can we now take to get to a position to finalise the distribution of the assets? If there are costs associated with these steps, what might they be - approximately? Are there any alternative steps we can take?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to confirm - all three of you obtained the Letters of Administration?
Clare
Customer: replied 3 years ago.
Yes
Expert:  Clare replied 3 years ago.
Hi
Do you and your pother sibling have sufficient details to prepare the final estate accounts?
Clare
Customer: replied 3 years ago.

Yes, we have all the information - however, the dispute from our brother is on two financial points. 1. He has raised objections to an agreement all siblings had to repay funeral expenses and property mortgage fees paid by my eldest brother and his wife on behalf of the estate, since our father's death. 2. My brother has made claims for £20,000 he said he paid to our father which were towards the mortgage for the property. He has not been able to provide satisfactory evidence that this is the case, so we do not agree to making this payment. Because we cannot agree to these two issues, our brother is refusing to agree to the distribution of the assets. The estate assets are being held by the conveyancing firm which sold the property last year. The funds will only be released when they have confirmation from all three co-administrators that the funds should be disbursed.

Expert:  Clare replied 3 years ago.
Hi
Sorry - for clarity - is the eldest brother also the one who is disputing the £20,000?
Clare
Customer: replied 3 years ago.
No, my eldest brother is the one who offered to cover the up front costs of the funeral and ongoing costs to maintain the estate on behalf of all the siblings (five of us) until such time that the property could be sold and then he would be repaid out of the estates proceeds, and them the rest of the money would be distributed equally. My eldest brother and my sister delegated to me to look after their interests - so that's why there are 3 co-administrators, from the five siblings.
Expert:  Clare replied 3 years ago.
Hi
The simple fact is that your eldest brother is owed the money by the estate and could sue if necessary to recover it
This is because the Funeral expenses are always first call on the estate and all the other bills were also payable by the Estate - this is not an issue of dispute - it is a simple legal fact.
If your brother will not complete the administration of the estate then you will need to remove him as Administrator
In your role of Beneficiaries you are entitled to do so since he is holding up the distribution of the assets
More details here
http://www.step.org/tackling-troublesome-executors
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you