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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and his sister were joint executors and beneficiaries

Resolved Question:

My husband and his sister were joint executors and beneficiaries of their parents will and estate. The sister delayed the sale of the house for one year and spent time travelling their to take anything of value.
They met a few weeks ago to agree the split of the estate and both wrote out and jointly signed cheques for each in the sums agreed.
She now wants us to reimburse her for the travel costs she says she incurred. My husband also has a text from her some months ago stating that she does not want recompense for her time/travel expenses.
My husband has banked his cheque and she has now threatened to take legal action against him.
Both also agreed that they would pay half on a headstone and on a pension that continued to be paid to my father-in-law for a short while. My husband has never said and never would not, pay his share.
My husband has recently sold his mums car of which he will pay his sister half but is waiting for her to sell his mother's shares. Once she has done this, the split of car and shares can be calculated.
She says my husband has broken the law by cashing his cheque..... we don't see how he could possibly have broken any law as she agreed to each share of the estate and signed both my husbands cheque and her own as they are joint signatories.
Is she just a money grabbing b***h?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDid they actually obtain probate of the Will (I assume they did but need to check)Clare
Customer: replied 1 year ago.
Yes, probate has been granted.
Customer: replied 1 year ago.
Clare
Excuse my misspelling of 'their'.... My pet hate! I meant 'there'... Can't believe I actually did that.
Expert:  Clare replied 1 year ago.
Please do not worry - my fingers often run away with my spelling.Your husband has nothing wrong in cashing his cheque.The fact that his sister is suddenly wanting her expenses is a separate matter and no doubt will be an argument when it comes to the issue of the shares and the car.I hope that this is of assistance -please ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks Clare, that at least will put my husbands mind at rest.She is claiming £0.40/ mile for travel costs on her car and also wants dart crossing costs. She will not provide any evidence regarding the dart crossing, ie receipts she claims she has. Her words 'I am holding you to ransom' before she issues them. Perhaps this gives you some insight into her personality. My husband disputes her expenses because it was solely her decision to delay putting the house on the market. If it had been put on the market prior to probate then completion would, mostly likely, have been on conclusion of probate. Her too-ing and fro-ing she claims for clearing/checking/maintaining would have been considerably reduced.
My husband has also used online sources, eg AA and car manufacturer details to calculate a more realistic rate for mileage which is circa 1/3 of what she is claiming. Of course my husband also has expenses but, given they have both just received a cheque for inheritance, (hers more than his based on her other claimed expenses) he feels they should both waive mileage costs, particularly given she, alone, prolonged the process.
Expert:  Clare replied 1 year ago.
40p a mile is standard and IF expenses were payable that would be the rateHowever she cannot force the issue given the circumstances so that is the end of the matter
Customer: replied 1 year ago.
Thank you Clare
Expert:  Clare replied 1 year ago.
Hi
You are most welcome I hope all goes well
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your advice Clare. Hopefully my husband will feel less bullied after he reads your comments.