Advice MIL died without leaving a will

paul2louise

RAS said:

Who is her?

Sorry the accountant. My OH emailed her this morning. Thanks 

poppystar

I think @RAS may have been referring to the ‘her’ mentioned in relation to the post office account. Is this MIL’s account? If so, how did the money get in there for the sale of the house after the death? Or is that the problem in that the account is frozen and therefore no one can take the money out - except presumably OH’s sister if probate is on her name. 

RAS

poppystar is correct, in whose name is the PO account?

bobster2

poppystar said:

I think @RAS may have been referring to the ‘her’ mentioned in relation to the post office account. Is this MIL’s account? If so, how did the money get in there for the sale of the house after the death? Or is that the problem in that the account is frozen and therefore no one can take the money out - except presumably OH’s sister if probate is on her name. 

Very good question.

It would be unusual to pay the proceeds of a sale into the deceased person's frozen account - rather than an account being used to administer the estate. Some banks will even block payments in - particularly large ones.
 

Robin9

or are we talking about the solicitors / accountants client account ?

Spendless

Robin9 said:

or are we talking about the solicitors / accountants client account ?

Would the OP's husband be able to see that though considering it's his sister who is dealing with the estate? 

BikingBud

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. 

Selfish - Pot to kettle over



So not wanting to go with SIL desires is selfish! Seems the OH would like what is legally due and the SIL is being selfish

BungalowBel

https://www.theprobateservice.org/interstacy-rules-flowchart/

Plain as day.  The OP's husband is entitled to his 50%.  What his sister does with her 50% is up to her.  But she has no authority to dish part of his money out to her children.

If the mother cared enough about giving it to the grandchildren that she would 'turn in her grave' if it wasn't done, then she should have made a will.

I hope the OP's spouse gets his money soon.

paul2louise

There is savings in a post office account which has the MIL name on the account and as far as i know hasnt been frozen. When his mum died the sister opened a new account with natwest where her old account was for the estate. The sale of her house went into this new natwest account. His sister said that they only needed an accountant to sort it all out and it would save money instead of using a solicitor. After a series of different accountants there is one now dealing with it. He knows how much is in both accounts and has the details of the natwest account and the post office account. 

paul2louise

i think the problem is that my OH isnt sure who can actually sort it out, does it have to be organised thro a solicitor or can you do it yourself. His sis said she knew someone who could sort it and now this has caused the delay and now the problems