Advice MIL died without leaving a will

poppystar

paul2louise said:

yes the house sold Oct 2020. We were in charge of that as the property was close by

So what happened to the money then? Was it paid just to sister? If so and it hasn’t been distributed I would be very worried about it. I assume it was a large ish sum of money but unless the estate was very complicated and given there were only two beneficiaries then most of it could probably have been distributed at that stage. 

Spendless

paul2louise said:

RAS said:

In which case, failing to distribute the estate is gross dereliction of duty. Has he asked for the estate accounts? 

Has she in fact still got the money?

i dont think she has the money as she problems getting a solicitor to sort it intially and then they passed it on and they were sick bla bla. he has got details of lady dealing with it now. He said he will give sis a couple of days to reply and if she doesnt then he will contact the solictor and tell her get on with the 50/50 split. 

To me it sounds like the house sale money has gone in sister's account and she has spent it or most of it. I don't believe the money from a house sale would take almost 2.5 years to resolve covid or not. The above now sounds like excuse after excuse. I did think the 'Mum would turn in her grave...' from her was very emotive. I now suspect projection.

I very much hope we are all wrong, but I'd get ready to instruct a solicitor. 

paul2louise

No she hasn't done anything with the money as he still has access to the bank accounts and it's still there. I think she did delay it initially but different people were looking after it, one was sick, one left. He has the details of the woman dealing with it now. 
She has replied to him last night and she is really having a go. Calling him selfish. Bla bla. So he is going to contact the accountant today. Just drafting something up now. 

Sea_Shell

She needs reminding again of THE LAW !!

RAS

Well if she'd got her finger out, she might have been able to do something legally. But, it's over the two year limit for any deed of variation, so legally she has to distribute the estate in line with the rules of intestacy.

END of.

Flugelhorn

paul2louise said:

No she hasn't done anything with the money as he still has access to the bank accounts and it's still there. I think she did delay it initially but different people were looking after it, one was sick, one left. He has the details of the woman dealing with it now. 
She has replied to him last night and she is really having a go. Calling him selfish. Bla bla. So he is going to contact the accountant today. Just drafting something up now. 

Just hold fast and it will all work out. Stick to the law, rinse and repeat

Spendless

So if the money is sat in the bank account why hasn't it been dished out?? I don't understand. Calling someone selfish for not wanting to give away their own money to her kids well words defy me!  Yes your OH does need to speak to someone, she needs the pressure of the law up her jacksy! 

Spendless

paul2louise said:

No she hasn't done anything with the money as he still has access to the bank accounts and it's still there. I think she did delay it initially but different people were looking after it, one was sick, one left. He has the details of the woman dealing with it now. 
She has replied to him last night and she is really having a go. Calling him selfish. Bla bla. So he is going to contact the accountant today. Just drafting something up now. 

What bank account is the money sat in if your husband has access to it? Is this Mum's account? Surely that should have been frozen when the bank was informed of your MIL's death.

I really don't understand this delay, probate was granted, the house sale went through, both in 2020. Any outstanding bills that needed to be paid from the estate eg MIL's funeral will have been dealt with by now, but the money sits in an account that your Sis-i-Law refuses to hand over half of due to 'delays' delays of what, by who? Then  she wants to split the money up differently to what the rules of intestacy state, despite having had 2 years in which she could have asked if you were prepared to do a Deed of Variation to change who inherited but didn't.

I have only the vaguest understanding of procedures, but this sounds completely odd. I hope your DH managed to speak to someone about it all today so things can get moving next week.  

paul2louise

My OH contacted the accountant and told her he want the 50/50 split to go ahead. He hasnt replied to his moaning sister as he has given up with her. We have a solicitor in mind who deals with family law and he intends to make an appointment if this doesnt get sorted next week. The money is in her post office account which my OH used to manage for her. I am not sure if there is some in a natwest acc too. All the payments and funeral costs were sorted as far as i know. 

RAS

Who is her?