Advice MIL died without leaving a will

Spendless

tooldle said:

Spendless said:

tooldle said:

Stamps and coins can be worth a reasonable chunk of cash, hence why I was asking how these came into possession of OP’s OH.

The OP has worded it as 'a few' so unless there's something of rarity and/or significance I suspect it'll fall into the category of worth that my Nan's china collection did or the OP's missing bedroom furniture.

I wouldn't assume. The father may have been collecting for years or, might have inherited the stamps or had them gifted from elsewhere. I have a clock collection passed down through the family. There is one clock with a significant value although unknown by the person who originally acquired the clock. Significance and rarity change with time and circumstance. 

Agreed, but if your relative went to sell the clock at a time when the bottom had fallen out of the market for owning them, it would no longer have significant value.  

Until the OP comes back and clarifies when the items from FIL were passed on, it's all speculation as to whether it's part of MIL's estate 

paul2louise

RAS said:

You just respond to any legal claim of theft by repeating what you said above. If there is any remaining evidence of ebay sales, that might back it up?

I'm not sure how your bedroom furniture got to be in the house and were the china and pottery yours or mums?

It might also be worth just getting a philatelist to look at and value the stamps. It's easy enough to look up the value of both the china and pottery. It is always possible sis sold them and added them to the value of the estate? I'll skip the emoji.

Neither affect the need to distribute the estate in line with the law.

If you did anything it might be to value the items taken and make a minor adjustment to the money received by both parties. It is normal for household members to take some less valuable items as mementos.

Bear in mind that for the purposes of IHT the contents of most houses are valued at £500-£1k. Although that would exclude valuable jewellery etc. But most people's cherished collections are worth very little.

When his mum moved to retirement bungalow I let her have a bed wardrobe and cabinets that we had in spare room. We had planned to make this room a gaming room for son. Sis cleared the house and her daughter had new house so took all the furniture. I didn't mind my niece finding use for the furniture as we had no room then. But if we getting petty that furniture even tho I have given it to my MIL was mine originally. Thanks for the replies. Not heard yet back from her so assuming the letter should be arriving anytime now. I will mention to my husband about the stamps and coins.

paul2louise

tooldle said:

How did the coins and stamps come into your OH’s possession? Were they gifted by parent prior to death or acquired after mum passed? 

I think he took them when he was helping her clear the old house before she moved to retirement bungalow, which is when sis took a lot of the other stuff. She moved from a large 4 bedroom house into retirement bungalow. Back them my hub and sis were working together so nothing done sneakily. So now she brings it all up 5 years later

paul2louise

The stamps and coins were taken during her house move so before she passed. I don't think the coins or stamps are worth much more sentimental. 

tooldle

paul2louise said:

The stamps and coins were taken during her house move so before she passed. I don't think the coins or stamps are worth much more sentimental. 

Sounds very much like a gift, assuming MIL asked him to take/remove the items to keep or dispose of for himself.  

paul2louise

So my OH chased up the solicitor for a response from the sis. 
This is the letter she replied with. I hope u can read it. 
He was given a few bits by his mum while she was alive before she moved into retirement bungalow. His sis cleared the retirement bungalow of furniture for her kids to start up their new home after she died. He took nothing from the bungalow after she died.

Username03725

The line that leaps out is the contradictory final sentence - '...that the estate be split equally between my brother and I with all of her grandchildren treated equally.'

Pick one or the other, but doing both doesn't seem achievable. It also seems slightly irresponsible to be paying a solicitor to act as middleman in a family argument. 

Jim_in_devon

My understanding is that beneficiaries can sue the administrator of the estate if there are unjustified delays in distributing the assets

KxMx

Harping on again about the grandchildren getting a share... The legal position is quite clear on a 50/50 split between OH and sister. However she wishes otherwise, he is legally entitled to a 50/50 split. 

poppystar

That response made me angry and I’m not even involved! 

She definitely needs to be told she has to execute the Will as written.

If there is money OH has control of then I would be very reluctant to relinquish it as I fear that would be the last you’d see of it.