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Brother not sharing costs of sorting out estate

(21 Posts)
corlan Thu 10-Mar-16 08:54:52

I wonder if anyone can give me some advice over what to do.

My mother passed away last June and my brother and I were made executors of her estate in her will.

My brother never has any money and lives a long way from Mum's house, so we agreed that I would sort out any bills and he would pay half later. Unfortunately, over the course of sorting out the estate, I've come to realise that he has no intention of paying half these costs. In particular, my Mum asked for an inscription to be added to my Father's gravestone.It's cost about £700. I've also paid the utility bills,house insurance and will need to get a skip to clear the house.

Is there any part of the legal process of sorting out the will where I can reclaim half these costs from my brother? I'd appreciate any thoughts or advice.

rosebiggs Thu 10-Mar-16 08:56:10

Can you take the costs out of the estate?

Berthatydfil Thu 10-Mar-16 08:56:16

Can you deduct these from his share of any proceeds of the estate?

LineyReborn Thu 10-Mar-16 08:56:39

Surely you reclaim these costs from the estate?

AveEldon Thu 10-Mar-16 08:57:03

These costs should come out of the estate money

TheDowagerCuntess Thu 10-Mar-16 08:58:08

Is the estate still in probate? Can you talk with your solicitor?

I'm very sorry for your loss. 🕯

PestoSkiissimos Thu 10-Mar-16 08:58:30

These costs all come out of the Deceased's estate.

TheHoneyBadger Thu 10-Mar-16 09:00:35

the costs come out of the estate and you divide whatever is left over after those costs.

if he doesn't have money he doesn't ahave money and you've already accepted that. you just deduct it all and share the remainder.

CocktailQueen Thu 10-Mar-16 09:05:52

Ditto to what everyone else has said! Keep a note of the costs and deduct them all from the estate.

These might be helpful:

www.ageuk.org.uk/Documents/EN-GB/Information-guides/AgeUKIL8_How_to_be_an_executor_inf.pdf?dtrk=true

and

www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS14_Dealing_with_an_estate_fcs.pdf?dtrk=true

If you are handling the estate yourself, you may be able to claim back some money for your time - as you would otherwise be paying a solicitor.

MrsSteptoe Thu 10-Mar-16 09:07:06

I was executor when my DF died a couple of years ago. Posts above are quite correct in saying that certain costs are deductible from the total estate before beneficiaries get their inheritance (and before inheritance tax is deducted, if you're in that bracket). There are some exclusions, but the rule of thumb is, if it's a bill that the deceased would have paid had they been alive, then it's deductible. Thus, for example, the accountant's bill for Dad's last tax return was deductible, because he would have paid it had he been alive; however, the bill for doing the inheritance tax forms was not, DSis and I split that between us.

May I also draw your attention to the advisability of putting a notice in London Gazette (not deductible, and I think costs about £200). This gives any creditor the opportunity to come forward with an unpaid bill before beneficiaries get their inheritance. I'm fairly sure that if you don't, unfortunately, as you are the executor, you are liable for the bill.

If you can't afford legal advice, I would definitely invest in a decent book on probate. I used Probate for Dummies, I think.

See if you can get your brother to agree that if you keep a record of non deductible costs, you can deal with splitting the cost through any inheritance (though I realise I'm assuming that there will be an inheritance eventually, and of course that's not necessarily the case.) Sorry

MrsSteptoe Thu 10-Mar-16 09:07:35

Arh, hit wrong key. Meant to say sorry for your loss. flowers

corlan Thu 10-Mar-16 09:08:38

Thank you for your answers.
The estate is still in probate but I'm supposed to be receiving the probate form to sign any day (been waiting weeks!) I asked my solicitor about the costs and he was a bit vague and said they could be sorted out later.
Should I ask for them to be sorted before I sign the probate form or can they be sorted out afterwards? I believe that if it's left to my brother's conscience to pay, then he won't.

MrsSteptoe Thu 10-Mar-16 09:11:23

Should I ask for them to be sorted before I sign the probate form or can they be sorted out afterwards? I believe that if it's left to my brother's conscience to pay, then he won't.
If you have a solicitor, then you should ask him this question urgently and ask for a clear answer.

VulcanWoman Thu 10-Mar-16 09:11:36

Sorry for your loss and the situation you're in. I agree with the other's re taking the money out at the end, it's a good job you've got the money though! Your brother should have been upfront with you, then you'd have known where you were.

Sootica Thu 10-Mar-16 09:12:56

You should send all the bills to the solicitor to be deducted from the estate

corlan Thu 10-Mar-16 09:19:03

Thanks for your advice.
I think I'd better email the solicitor again and ask for a clearer answer. Looking back at his email on these costs, he said ,' I anticipate that we will hold the funds (after probate) and therefore we will arrange for the distribution to be made correctly'.
I don't really understand what happens once probate is sorted.

LineyReborn Thu 10-Mar-16 09:24:05

Probate basically is the authorisation that the will is valid and that the executors are available and fit to act.

You have waited a very long time for a grant of probate. When was it applied for?

gingeroots Thu 10-Mar-16 10:58:11

Probate is a piece of paper that you get and which you present to any bank/building society where your mother's money is held .

Once they have sight of that piece of paper /probate the bank/building society will let you have the money held in the account .They will ask where you would like the money paid into .

I hope you can have it paid into your account and then you can distribute it - after all bills paid - according to the will .

I guess your solicitor might be dealing with this .Make sure ( as said above ) to let him know what bills etc have been paid .

He doesn't sound very helpful your solicitor .

I'm sorry about your mum .

travailtotravel Thu 10-Mar-16 11:22:29

Have all the receipts from what you've paid out ready, and quotes for anticipated costs (skip hire/removals), so that it is all absolutely clear.

MrsSteptoe Thu 10-Mar-16 18:20:35

Make sure, too, that your solicitor is preparing estate accounts. If he isn't, do them yourself. It's not a legal obligation (as far as I know) but it is recommended as part of the executor's tasks, and if your brother queries anything in a few years' time, it will probably be easier to tell him to sod off deal with him if you have proper estate accounts.

Collaborate Fri 11-Mar-16 07:33:23

Simply settle any bills direct out of the estate. It's entirely unnecessary for you to pay them promptly out of your own funds, but as PPs have posted, you'll get back what you've paid out. It's part of the estate's liabilities that must be settled prior to distribution.

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