Executor allowing my sister to have certain assests for "sentimental reasons"

[heynick]

I am one of four siblings. My mother's will dictates that her estate is to be shared equally between all four siblings. The will makes no mention of any individual items that were to be given to one sibling or another.

My eldest brother is the executor of the estate.

He has allowed my sister to have some valuable artworks my mother owned because "mum would have wanted her to have them". My other brother agrees with the idea that my sister should have the artworks.

So I'm faced with a familiar in-family argument that it's "three against one" so I just have to live with it.

My feeling is that because the artworks are of some value, by allowing my sister to have them without any compensation to me for my share of their value, is not fair and isn't in accordance with the terms of the will.

Am I correct in assuming that even if it is "three against one" the executor doesn't have the right to deprive me of my share of the value of the artworks?

 

[IsleOfMan]

I would suggest that the artworks are valued and if your sister wants to purchase them from the estate then she can do so if everyone is in agreement. You own one quarter of them.

 

[Jazz01]

heynick - just before you go down the road to claim your % of the artworks - is it worth falling out with your siblings over this (as you may do in this case) ?

In the greater scheme of things, it's "only money", and I know your sister will benefit more for getting these, but so what...

 

[heynick]

Dear IsleofMan,
I really appreciate your reply. Not just because it confirms what I thought but also because it was so quick. I've been brow beaten by this issue and really wanted some advice "right now!". What a great forum. Thank you sincerely.

 

[heynick]

Dear Jazz01,
I appreciate your sound advice. Unfortunately the falling out began some time ago and this is just one example of many things that are happening to my disadvantage.

 

[Easeler]

There is always one, if it was your mothers wish that everything should be shared equally well than that should be the case. I come from a large family myself, 8 sisters so I know all about them, I would dig my heels in on this one and get what your entitled to because when they are gone they are gone.

 

[tallpaul]

How many artworks are there? If there are four, take one each. If there are only two (or three), as your other siblings aren't too pushed, you get one and your sister gets one (or two). Quite simple really.

 

[john luc]

Just me tupence worth,Yes you do own 1/4th the monetary value and if it's important to you then bring it up with your siblings. The artwork may however be of sentimental value and as such your sister may have enjoyed them as much as your mother so if this is the case then that needs to be part of the conversation too. To fall out with siblings is not a option I would assume

 

[elcato]

Is there other items in the house that will require people to take ? Suggest that you number these and draw lots as to who gets them. Then people can trade things between each other or even give them away.

 

[DeeKie]

How many artworks are there? If there are four, take one each. If there are only two (or three), as your other siblings aren't too pushed, you get one and your sister gets one (or two). Quite simple really.

They will not be all the same value. If it were me I'd allow her have them provided the market value on date of death is deducted from her quarter. She gets the paintings, but fair account is taken of it.

 

[Thirsty]

How do you know they are valuable?

 

[demoivre]

Am I correct in assuming that even if it is "three against one" the executor doesn't have the right to deprive me of my share of the value of the artworks?

You are correct. The executor doesn't seem to understand that his function is to make sure that you get what you are entitled to as per the will, not what he thinks should happen or what anyone else thinks for that matter. ! If your mother had particular wishes regarding specific items she should have said so in the will.

 

[Laramie]

I would put money on it that she already has your late mothers jewellery/rings etc

 

[heynick]

Wow! A great variety of suggestions. Thanks everyone for your help. I'm really glad I found this forum and will keep in touch as things progress.

 

[Evie1962]

We had much the same issues with a relative's will, and one beneficiary made sure they had the pick of the choicest items before anyone else even knew about them. Another beneficiary made the suggestion of drawing lots and was told by an executor that a "raffle" would be inappropriate. In the end all that was left to divide was tat that nobody wanted. If you don't object to behaviour like this, you're letting them walk all over you, and if you do object you're seen as a grabber and troublemaker. It's a no win scenario.

When I come to do my own will -much delayed- I'll be itemising everything.

 

[noproblem]

We had much the same issues with a relative's will, and one beneficiary made sure they had the pick of the choicest items before anyone else even knew about them. Another beneficiary made the suggestion of drawing lots and was told by an executor that a "raffle" would be inappropriate. In the end all that was left to divide was tat that nobody wanted. If you don't object to behaviour like this, you're letting them walk all over you, and if you do object you're seen as a grabber and troublemaker. It's a no win scenario.

When I come to do my own will -much delayed- I'll be itemising everything.

That'll be lovely until it's realised you've forgotten something.

 

[Thirsty]

You know in the end its all just 'stuff'...

 

[Cervelo]

That'll be lovely until it's realised you've forgotten something.

Or someone!!

When my mother in-law passed she left contents of her house to her three kids and it was decided between them the best way to divide the contents was each to pick one item and then repeat until all divided up
Nobody got everything they wanted but they all got some of the items they wanted and the best thing of all was the was no arguments or falling out between them.

 

[samfarrell]

In cases like this i think it is best to get property liquidated asap and then that the money can be divided up equally. Otherwise someone is usually going to feel hard done by...

 

[DirectDevil]

In cases like this i think it is best to get property liquidated asap and then that the money can be divided up equally. Otherwise someone is usually going to feel hard done by...

This is a sound idea.

The variant that I was thinking of would be that a schedule of assets for distribution amongst the beneficiaries should be compiled with an associated monetary value. The parties should then sit down and agree the formal and final split. Otherwise, you will have the situation described by samfarrell.

Incidentally, would the executor not have completed a CA24 Inland Revenue Affidavit as part of the probate application ? If so, should there not be a schedule of assets and associated values already compiled ?

BTW the executor does not have unfettered discretion or jurisdiction over the distribution of the assets.

Realistically, in the final cut, some beneficiaries will do slightly better or slightly worse than others but you will never get it perfectly straight by agreement unless you follow samfarrell's valid suggestion of liquidating the assets.