Sibling will not hand over inheritence

[Liverpool20]

My parents died without leaving a will. I applied for letters of Administration as I lived with them and was named as the Executor on the only Will my father ever wrote.

My sibling was entrusted with a large sum of money by my Mother some years ago.

He is refusing to return the funds to the estate so that I can distribute it accordingly and in line with Intestacy rules.

He says that he will hand it over once all other belongings have been equally shared out. I am making progress but there is a lot to go through and distribute and it has only been 11 weeks.

My other siblings are already chasing their share of the cash and understand that the belongings will take some time to sort out (I have limited mobility but have now got some help with it)

Is there anything that I can do to force the sibling to hand over the money to the estate? I don't feel as though he ever will at this point. He is even refusing to show any statements of the transactions.

Yes some of it was just last year but all within the last 5 years, I see it on some of her bank statements.

I think I will approach a solicitor and see where I stand it just all feels so hopeless and sad.

Sorry for your loss.

Are you dealing with this alone? Aren't all your siblings helping you sort out the physical items? What is the problem here?

Can't you get together, share out the things you want to keep and sell, donate or recycle etc the things you don't?

But the money should be a separate issue, why can't that just be shared out now? I don't understand what the link is to dealing with their possessions?

Hi - in your original post you say sibling was entrusted with a large sum of money. I think a solicitor giving legal advice would need to know the basis on which this money was given to him by your mum. You say it was entrusted to him by which I assume you mean he was looking after it for her.
Did he know that he had to return the money was there anything in writing between him and your mum about this.
Was it a loan on a pay me back when you can basis.? Or was it gift in lieu of inheritance. Depending on the size of amount of money there can be tax implications for the estate etc.

There may be tax implications on the gifts given to him. Unfortunately unless there was some sort of legal paperwork signed then that money given to your sibling will be considered a gift and outside the estate.

Sorry, yes this exactly. It isn't an inheritance it's just money your mum gave to your sibling. Unless there's something to back it up.

‘Entrusted’ probably means ‘gave’ in legal terms unless there is legally meaningful proof that it was a loan.

Definitely see a solicitor. It's too complicated for you to work out the legal consequences of your mum's actions.

Op says in a later post that all the siblings are 'holding' a share of £ 100k .
Does this mean that money was ' gifted ' to all the siblings prior to death.
Is there written proof of the basis of how and why the money was given to the siblings ?
This has tax implications for the estate and raises questions about probate is dealt with. I think this is one for lawyers to sort out.

Dh had this issue but it was an aunt who took and kept the money. So the estate of dh’s grandmother was split three ways between dh, his sister and the aunt. Proper will, etc. Dh’s grandmother had been flapping about inheritance tax (no idea why as she didn’t meet the threshold) so had been giving the aunt money every year, was openly spoken about in tne family, that it wasn’t a gift, but for safekeeping and was to be split three ways when she died.

after she died the aunt said it was all a gift and refused to hand two thirds of the money back. She had about 30k in total. Sadly as nothing in writing there was nothing dh and his sister could do.

Go to see a solicitor OP. Your brother sounds like he's had the money for a while and now regards it as his, irrespective of its intent. If overall there is £150k that's appropriately £50k each. A solicitor can write him a letter threatening legal action unless he returns money to your Mum's estate to enable you to administer. If he returns the money you can make an interim payment to yourself and your siblings.

So, your DM gave you £50k and your brother £100k? Was this to avoid care fees? If so, and your mother did get help with care fees, you’ll need to step very carefully.

I think that money is gone, OP. I'm sorry. I think you should re evaluate your relationship with that brother.

Oh god. That money sounds long gone to me.

Tell him that you can't do this any more, it's too upsetting and so you're going to put it in the hands of a solicitor who will contact him and go through the legal process to sort it out.

Op says the estate doesn't include a property?
I am guessing that amount of money split between three siblings may be from the sale of a property in the past ?
Possibly to avoid having to pay potential care home fees ?
I have just done probate for my dad's estate and the documents ask about any ' gift' or cash that has been given to beneficiaries with in the last 5 years that is over £5.000. Also any assets over £3000 have to be declared.for instance a car or jewellery antiques cash etc. Op should really wait for grant of probate to come through before distribution of the estate. In order to protect herself from potential legal action from other siblings who may think she has not distributed items fairly .

Is the money held in his name?

Isn't the Letters of Administration Probate in this case as there was no valid Will?

I agree - I have done probate a couple of times now - in this situation she should defer to a solicitor. Simple estates can be done easily by a person with no legal expertise but you have to know when to hand over to a lawyer !
I think there is probably a tendancy to think it is straightforward as there is no property involved. But there is a large amount of cash in this instance and difficult siblings !! Op needs an independent person who is legally qualified to administer the estate as per the law and sort out the tax situation as well.

Yes - you are a personal representative with a letter of administration- where there is no will ( rules of intestacy apply). An executor is the term used when there is a will. But people tend to use the term executor to cover both.

Unfortunately unless there's paperwork to the contrary I'm not sure you can force them to return the money, in law it's a gift unless proven otherwise. If you have half the money the worse case scenario is the sibling gets £17 more than they should, annoying but not worth legal proceedings which are not likely to be fruitful because your legal bill will eat up most of any gain.

That money is well gone now OPs when my parents died within 4 months of each other

our youngest sister informed us that as she was living with them she had stood guarantour on the remortgage of their house there was less than 20K owing at the time which she paid off.She then took it upon herself to sell the house without any in put from us other siblings I knew my parents wanted it to be shared 5 ways but she took the full amount herself and did not share with us,we gave up as it would cost to much to fight the claim.We 4 siblings are not in contact or know where she lives from that day to this 20+ yrs later.

It sounds like a very dodgy set up. Why was the money transferred like this?.

Dad died 3 months before Mum which invalidated the will. I believe she thought it would still be valid

Why did it invalidate the will? Was she the sole beneficiary, and/or was there a condition that she had to survive a minimum period after him?

I too suspect the money is gone.

@Passepartoute I think the mum didn't have a Will in the first place?