Advice MIL died without leaving a will

paul2louise

It was looking hopeful but she was claiming her legal costs in the settlement so Hubby was querying that as he didn't think she should as it's her fault we are having to go down this route. 

Spendless

Think she's just on delaying tactics - again - tbh!  Hopefully that will be resolved shortly. Who gets to decide who pays her legal costs btw, Does it have to go court?

I am absolutely rooting for you (well your DH) to have a positive outcome to his share of the inheritance by the time this thread is a year old. 

It was your story  that inspired me and my DH to make our wills last year. I realised one of my kids isn't financially savvy and could easily mess things up if left to their own devices if we died intestate. Have you made yours btw? I think you have one son from prev posts, consider where you'd want your money to go in the event of some disaster befalling you all, you don't want the rules of intestacy to kick in and it default to relatives you'd rather not benefit from your demise.

techphobe

Surely both siblings have legal costs that are similar so either both should be allowed or neither? However I would let her deduct £300 or whatever to get my hands on the other £99,700. 

And definitely make cast iron will including what happens in the case of you and your husband and son perishing together. Unlikely to happen but you sister in law inheriting your estate really would make you spin in your grave!

Sea_Shell

techphobe said:

Surely both siblings have legal costs that are similar so either both should be allowed or neither? However I would let her deduct £300 or whatever to get my hands on the other £99,700. 

Actually, I agree about the legal costs, especially if only a few hundred, rather than thousands. 

Let her deduct them* if it means you get the rest of the payout without further delay.

Has she stated what her costs are?

What are your costs so far?


* Deduct from that owed, NOT an agreement to pay them to her!!  Subtle difference.

paul2louise

He has added his costs to as I easier to account for all costs than work out what's her executor and beneficiary costs are

Sea_Shell

paul2louise said:

He has added his costs to as I easier to account for all costs than work out what's her executor and beneficiary costs are

So, has she agreed to this method of splitting all costs and deducting them from the estate, before calculating 50/50 split?

paul2louise

Sea_Shell said:

paul2louise said:

He has added his costs to as I easier to account for all costs than work out what's her executor and beneficiary costs are

So, has she agreed to this method of splitting all costs and deducting them from the estate, before calculating 50/50 split?

No that's what he had proposed as she mentions cost as executor and beneficiary so hub said he didn't want to to try and decipher what was what and his costs will be less but he would rather just get it sorted. So if she has logged costs as beneficiary then so should he 

Sea_Shell

paul2louise said:

Sea_Shell said:

paul2louise said:

He has added his costs to as I easier to account for all costs than work out what's her executor and beneficiary costs are

So, has she agreed to this method of splitting all costs and deducting them from the estate, before calculating 50/50 split?

No that's what he had proposed as she mentions cost as executor and beneficiary so hub said he didn't want to to try and decipher what was what and his costs will be less but he would rather just get it sorted. So if she has logged costs as beneficiary then so should he 

I'd ask her outright "what figure would you be happy to accept for all your costs?".     Once you have a figure, you can then decide whether to write it off, or continue to push for a "fairer" deal.   

Sometimes you have to lose the battle but win the war.   Better to have 90% of something, in your pocket, than 100% of nothing!!! 

Ganga

I think i would insist the will is distributed as written 50/50 AND then fight over the costs etc. because you know the sister is going to try and claw as much as she can.

paul2louise

Ganga said:

I think i would insist the will is distributed as written 50/50 AND then fight over the costs etc. because you know the sister is going to try and claw as much as she can.

But she will claim she has entitlement to costs as the executor. This would be another delay tactic. Husband is putting his costs thro and then he can finally get this sorted