Advice MIL died without leaving a will

paul2louise

@KITTYKAT8_2 thank you 

Dave_5150

KITTYKAT8_2 said:

Get the coins and stamps valued, ask her to provide proof for other stuff, she will have none, this must be very stressful for you, it’s delaying tatics, get solicitor to ask for proof of estate as it should be in a separate account.

There should be a balance of at least twice what is owed to DH given no partial distribution has taken place..

Malthusian

paul2louise said:

My eBay only shows last 2 years. 

Try "Request your eBay data" (you may need to use the desktop site). I haven't tried it but I suspect this will provide your full transaction history. 
I can't see the point of getting the coins and stamps valued. If they were given in life it's irrelevant what the value is, it doesn't change the share of the inheritance. Why give her an inch?
The estate is apparently under the IHT threshold and gifts within the £3,000 annual allowance don't need to be included on the IHT forms.

paul2louise

Thank you I will look at that on eBay and yes you are right. She is just making distraction and delay tactics. @Malthusian

Drawingaline

So if you basically cleared the bungalow as she is suggesting, and all the remaining furniture is hers anyway, what the hell does she have in storage? 

paul2louise

She is implying that we ransacked the bungalow before her. And my OH was getting stuff from her loft before she moved to the bungalow. He was helping her empty the loft and doing tip runs. The furniture she had in storage was a bedroom set that belonged to my late brother which I gifted to MIL as she had a divan bed and was too big to transport to bungalow in a van. SIL took this bedroom set and other furniture and put it in storage for her kids as they were getting ready to move out and set up in their own homes. So I was happy that my nieces could benefit from my bedroom set. This was a bed, wardrobe and bedside cabinet in pine wood. If she hadn't wanted it I would have put it up for Freecycle or similar. She wanted all the other furniture, so suspect that her girls have maybe decided against the furniture and bought their own new stuff.

paul2louise

Solicitor letter to SIL

We write further to your email dated 11 September 2023.  We respond as follows.

• 1. The request for an interim payment of £100,000 is entirely appropriate.  It is three and a half years since the death of your mother.  The request is based on the estate accounts prepared by your accountant.  Our client’s understanding was that the only outstanding item was the shares.  Prior to correspondence from our client’s solicitors, you have not raised any issue in relation to items.

• 2. The majority of your letter deals with items that you assert our client should account to the estate for.  Our instructions are as follows:

• a. The majority of the items you refer to were disposed of by your mother prior to her death.  Therefore, they do not fall to be administered as part of the estate.  They are simply not relevant and have not been raised as issues by you before.  There has been ample opportunity for you to do so.

• b. The stamp collection was gifted to our client 20 years ago and the coin collection was gifted to our client a year before your mother’s death.  They are not assets of the estate.

• c. As previously set out, our client did not retain any items from the *** property.  You have produced no evidence in this respect and have not raised any such issue before.

• d. Our client has identified the three items he retained from the *** property.  You may collect these from our client if you wish to do so.  They are of no value.  He has no other items and has not sold any items on ebay.

• e. Please provide a copy of the IHT forms that you submitted to HMRC in relation to the estate in which you will have confirmed the value of any items in the estate.  We anticipate that the items to which you refer have very little value, if any.  This is not an issue that should hold up the administration of and distribution of the estate.

• 3. We note as follows:

• a. That you will sell the Wedgwood and account to the estate for it.

• b. That you will dispose of the items in storage.  Our instructions are that they do not belong to our client.

• c. You have not addressed the question of payments to the grandchildren and we assume you therefore accept the legal position in this respect.  

• 4. You have not addressed the following points that need to be dealt with by you in your capacity as administrator:

• a. The share certificates.  Please confirm that you will proceed with a distribution and address this issue (of small value) once the certificates are received.

• b. Collection of payments from Natwest and/or the Post Office accounts.  Please confirm that this has been done.  

• 5. It appears that you wish to delay the administration of the estate and payment to our client on the basis of unsubstantiated claims in relation to items that have very little value. It is inappropriate to do so and an interim payment of £100,000 should be made to our client forthwith.  You have a duty as administrator to administer the estate and make an appropriate interim payment.  We urge you to take independent legal advice in relation to your obligations in this respect.  If a satisfactory approach cannot be agreed, our instructions will be to pursue this matter through court proceedings.
  

We await your response within the next 7 days.

Yours faithfully

Sea_Shell

I can't remember if this has been raised up thread, but are you sure that the SIL actually still HAS the estate funds?

This sounds like a lot of bluster and diversion to delay having to actually transfer any funds.    Has she backed herself into a financial corner, and her only option is to fight, in the hope you give up?

tetrarch

That looks like a really comprehensive and reasonable reply. The only thing missing (IMO) is a deadline for receipt of the £100,000 and payment instructions.

Best of luck

Regards

Tet

Tucosalamanca

Sea_Shell said:

I can't remember if this has been raised up thread, but are you sure that the SIL actually still HAS the estate funds?

This sounds like a lot of bluster and diversion to delay having to actually transfer any funds.    Has she backed herself into a financial corner, and her only option is to fight, in the hope you give up?

Agreed. She could also be earning several thousand each year in interest. That wouldn't be easy to give up.