Property content

Trebor01

Hi,

To deal with probate a solicitor has been appointed as part of my fathers will service.

I appreciate that all contents will need to be split or sold depending on agreement between myself and my sister and brother, but I have a question concerning my mothers jewellery.

My Mum sadly passed earlier this year and left everything to my Dad which was as expected and fine. Dad was poorly at the time and was in hospital and my sister took it upon herself to take all of Mums jewellery as she felt entitled to it. However my brother and I feel this should be dealt with as per property, giving us all the chance to divide for our respective partners as it would be nice to keep family air looms across each relationship as my father has now also died.

We each inherit jointly.

My sister disagrees and won't return the items and lives abroad in Oz.

What should we do, and is this ultimately not her decision. Can she be forced to return these items?

Thanks.

Yorkshireman99

Yes she can. It is theft pure and simple. You should tell the solicitor. The value should be deducted from her share of the proceeds. Has she stolen anything else?

eddyinfreehold

My sympathy for your loss.

I assume the solicitor is the sole executor, or are you or your brother or sister involved too? If it is just the solicitor, it might be worth pointing out to your sister that the jewellery forms part of your father's estate unless he gifted it to her prior to death, and at the very least he/she will require a list and recent valuation of the jewellery to include in the chattels of the estate for IHT purposes. Probate cannot be granted without these details, and therefore the estate cannot be distributed. So she, along with you and your brother get nothing until she sees reason.

It also occurred to me, and depending upon the value and content of the jewellery, did she declare them to customs when entering Australia. Duty is payable....

Can I add...

My brother sister and I were recently in a similar position, but joint executors of my father's estate. We employed a solicitor to help becuase there are complications. The house, furniture and chattels were mostly easy to sort out but some small things became a bit of an emotional tug of war. It took several weeks to sort out everything but the process got easier as it went along. We started off with an argument but realised the same day we would get nowhere without talking rationally. As the days went on the emotional attachment became less as the task took over. We ended up very amicably taking out one category of things, say china, blankets, furniture etc, discussing their merits, and allowing everyone to take turns to take an item in order. There were one or two things we all wanted but in the end it was easier to put this category together and choose an item each in turn. It sounds silly when you're talking about an antique hat or a pre war airgun or a stool, but it worked and we are still friends . Without being willing to step back and concede something, the whole process can be very difficult and cause permanent rifts.

Keep_pedalling

To be honest most people's jewellery collections are not worth very much, and usually far less than was paid for. Unless she owned some high quality expensive stuff let it go.

FreeBear

Keep_pedalling wrote: »

To be honest most people's jewellery collections are not worth very much, and usually far less than was paid for. Unless she owned some high quality expensive stuff let it go.

Indeed. My mother's jewellery was valued by a jeweller at around £300 for probate. A couple of items had been previously appraised at £8,000-£10,000 for insurance purposes.

The probate valuation basically took the scrap value of the metal and added a little for the stones.

SevenOfNine

"divide for our respective partners".

Hmm, all I would say to that is I have 2 older brothers & when our 90 year old mum pops her clogs, they don't stand a cat in hell's chance of 'dividing' her jewellery for their 'respective partners'.

Our mum's wedding, engagement & eternity ring, plus a beautiful charm bracelet I remember our dad buying her is all going to be mine because I will treasure the sentimental value of it.

They can of course hurl threats, stamp their feet, whinge, deduct monies from 'my share', whatever.........if they dare!

gettingtheresometime

SevenOfNine wrote: »

"divide for our respective partners".

Hmm, all I would say to that is I have 2 older brothers & when our 90 year old mum pops her clogs, they don't stand a cat in hell's chance of 'dividing' her jewellery for their 'respective partners'.

Our mum's wedding, engagement & eternity ring, plus a beautiful charm bracelet I remember our dad buying her is all going to be mine because I will treasure the sentimental value of it.

They can of course hurl threats, stamp their feet, whinge, deduct monies from 'my share', whatever.........if they dare!

I remember the hurt I felt when my fil gave my sil all her mum's jewellery.


I wouldn't have expected for it to have been split 50:50 but it would have been nice to have been given a piece.

Mojisola

SevenOfNine wrote: »

"divide for our respective partners".

Hmm, all I would say to that is I have 2 older brothers & when our 90 year old mum pops her clogs, they don't stand a cat in hell's chance of 'dividing' her jewellery for their 'respective partners'.

Our mum's wedding, engagement & eternity ring, plus a beautiful charm bracelet I remember our dad buying her is all going to be mine because I will treasure the sentimental value of it.

They can of course hurl threats, stamp their feet, whinge, deduct monies from 'my share', whatever.........if they dare!

I can understand wanting the most personal items for yourself (we did that as well) but I shared the rest of Mum's jewellery between the women in the family, including the partners and the little girls who have pieces kept for them until they are older.

There was enough of a range (none of it expensive) to find things
that suited the different individuals.

SevenOfNine

gettingtheresometime wrote: »

I remember the hurt I felt when my fil gave my sil all her mum's jewellery.


I wouldn't have expected for it to have been split 50:50 but it would have been nice to have been given a piece.

I sympathise & don't mean to sound as harsh as this is going to look, but you have your own mother. Though I agree that if you had a close relationship with MiL, there might have been something the daughter could have shared. But at the end of the day, it was her mum.

Actually, mojisola has a point. If there were grandaughters I'd share with them, but the only one lives locally yet rarely visits my mum, so she can get stuffed, all 9 others are grandsons & great grandsons.

gettingtheresometime

SevenOfNine wrote: »

I sympathise & don't mean to sound as harsh as this is going to look, but you have your own mother. Though I agree that if you had a close relationship with MiL, there might have been something the daughter could have shared. But at the end of the day, it was her mum.

Actually, mojisola has a point. If there were grandaughters I'd share with them, but the only one lives locally yet rarely visits my mum, so she can get stuffed, all 9 others are grandsons & great grandsons.

I agree it was her mum & yes I'm still lucky enough to have my mum.

But it still hurt regardless.

RADDERS

When my MIL died her daughter got all her mothers jewellery, but she asked me if I would like a piece and my daughter also got a few pieces which I thought seemed fair. Then when FIL died my hubby got all his fathers watches and bits of jewellery and he gave his sisters boys a watch each.
But when my mum died me and my sister shared everything between us and our daughters which again worked for us.
I can see why your sister thinks that she should have it all but have you or your brothers got daughters who would like a piece or is it just for your partners if then I agree with SevenOfnine and she should have the jewellery.