I'm getting pressure from a couple of siblings at different levels to share mum's estate. One is requesting vesiferously, one is asking reasonably.
Mum's house was in a trust for many decades and she had a little in savings. I'm one of the executors and one of the trustees. I've never done this before and never want to again.
I have found out that mum had too much in pension credit for around 6 years as she was too ill to spend the money, too confused with dementia whilst fiercely fighting to keep independent. She didn't understand but resisted help managing her bank account. No ones fault.
I have reported this to the dwp voluntarily and have a rough idea of the potential repayment. Until they tell us I have no real idea but over 6 years is a long time.
One sibling is putting real pressure on now to share most of the estate and hold back the best guess amount we will have to repay. The house sold a few weeks ago.
If I share it, and get it wrong, myself and the other trustee\executor will be personally liable for the debt. That can't happen. It has to come from The estate which means I have to get it right. I don't know how long we will wait for a decision.
I am insisting we wait for the DWP to tell us what we owe, then share whats left when we have paid them. One sibling has demanded most is shared now, guess whatever debt will be and hold that guessed amount back. I can't risk being wrong and liable.
Just for some background, the other trustee\executor agrees with me. We also did all of mum's care for well over 20 years, I arranged the funeral, took on board selling the house. All done in 6 months. Legal advice was non committal on the term of the trust and have had 2 solicitors interpret it differently.
I want to wait for the DWPs assessment. My sibling thinks I'm being unreasonable. My question is do you agree? Am I being unreasonable?