Missing items from house

happymonkey70

Hi, I was wondering if someone could give advice.  My mother in laws house has been sold and funds distributed to the beneficiary's.  My brother in law took items from the house without permission when the estate was going through probate which caused a huge row between my husband and his brother.   And also his daughter broke into the house and also removed items.  The solicitor made my brother in law take the jewellery to their offices.  My husband went to the office to collect the items and when he got home all that was there was just broken jewellery and the day to day jewellery was missing. As you can image my husband is furious there is nothing there he can pass to our daughter.  What can he do?  He is not expecting all of it but wants something decent he can pass to our daughter.

lincroft1710

What did the will say about personal possessions of the deceased?


If not specified then these items should be sold and the proceeds distributed equally between the beneficiaries unless the will says otherwise or the beneficiaries come to a mutually agreed distribution. As you have a solicitor involved you should be seeking their advice. 


Your husband has no right to "something decent he can pass to our daughter". But equally his brother and niece have no right to steal from the estate. Seek the solicitor's advice and bear in mind the consequences of any actions upon future family relationships

74jax

Am I reading it right, the jewellery was left to your husband?  His brother removed it, was asked to take to the solicitors and the solicitor passed to your husband?

Are the solicitors executors? If so I would expect they would have done an inventory before putting the house on the market, what does it say about the jewellery. 

I'm not sure who's daughter broke in. Was this reported and the house sealed back up again? The insurance would need a secure house. 

bouicca21

I think it’s par for the course.  One person takes stuff without even mentioning it to siblings/other heirs.  In my case the stuff they took was my own property that the deceased had been looking after for me.  It’s callous and it leaves a nasty taste even if the stuff tHey filched wasn’t worth much, but there’s not much you can do other than make them aware of how upset you are.  

Pennylane

Sadly there is nothing you can do. The Police won’t get involved because they say it is a civil matter.  It is heartbreaking and as the previous poster says, it leaves a nasty taste.

 It happened to me and every single day I think about the items which were left to me and have been stolen.  I know I should let go but I can’t because although they were of no monetary value at all they had  massive sentimental value and they were family heirlooms. It would be no good me telling them how upset I  am because that is precisely what they want.   I just trust in karma. 😉

In your case at least the solicitor tried to help. My solicitor just shrugged and said “once something has gone, it’s gone and there’s nothing you can do.”  

lisyloo

When you say “broke in” can you clarify?
do you mean forcible entry or did she have keys? If so stolen or given?

who is the executor and whom have the goods been left to?

nasty taste - definitely, unusual - unfortunately not.

happymonkey70

lisyloo said:

When you say “broke in” can you clarify?
do you mean forcible entry or did she have keys? If so stolen or given?

who is the executor and whom have the goods been left to?

nasty taste - definitely, unusual - unfortunately not.

My niece broke in via the dog floor and her father (my husbands brother) confirmed this to the solicitor. With regards to the will, it states the whole estate was to be split 50/50 between the two of them. 

lincroft1710

happymonkey70 said:

lisyloo said:

When you say “broke in” can you clarify?
do you mean forcible entry or did she have keys? If so stolen or given?

who is the executor and whom have the goods been left to?

nasty taste - definitely, unusual - unfortunately not.

My niece broke in via the dog floor and her father (my husbands brother) confirmed this to the solicitor. With regards to the will, it states the whole estate was to be split 50/50 between the two of them. 

Dog floor?


If the estate is to be split 50/50 without mention of any special bequests, it usually means all property of the deceased should be sold, the amounts realised should be added to any money, whether cash or monies held in savings and bank accounts by the deceased, plus the value of any stocks, shares, bonds and insurance policies held. The total balance, less any funeral costs, fees, debts, charges and taxes would then be divided between the 2 heirs.


The terms of the will seem to endorse that neither your husband nor his brother have any right to the jewellery.

Pennylane

lincroft1710 said:

happymonkey70 said:

lisyloo said:

When you say “broke in” can you clarify?
do you mean forcible entry or did she have keys? If so stolen or given?

who is the executor and whom have the goods been left to?

nasty taste - definitely, unusual - unfortunately not.

My niece broke in via the dog floor and her father (my husbands brother) confirmed this to the solicitor. With regards to the will, it states the whole estate was to be split 50/50 between the two of them. 

Dog floor?


If the estate is to be split 50/50 without mention of any special bequests, it usually means all property of the deceased should be sold, the amounts realised should be added to any money, whether cash or monies held in savings and bank accounts by the deceased, plus the value of any stocks, shares, bonds and insurance policies held. The total balance, less any funeral costs, fees, debts, charges and taxes would then be divided between the 2 heirs.


The terms of the will seem to endorse that neither your husband nor his brother have any right to the jewellery.

Think she means dog flap.