Does executor hold on to items specifically bequeathed

lindcariad

Unfortunately, I am married into  a complicated family and my mother in law has just died. We have seen the copy of the will, and she bequeathed specific items to my wife and her brother- the house to him, her jewellery to my wife. and split the estate. None of this is a surprise.
the named executor is not happy to carry out the duties (due the their health but also knowing the history of the family) and is going to ask the solicitor to take over. 

I have tried to help by going through documentation and finding the important documents that will be needed (this was just before they decided they didn’t want the hassle). So I. Have seen the official copy of the will. 
there is no one in the house at the moment , so we brought the jewellery home for safe keeping. The named executor has now requested that we take the jewellery up to her, following a conversation between her and the brother. The executor is a family member, but they are closer to the brother, and have never been subject to the sustained negative behaviour/ abuse from him as I and my wife have. He has a history of viewing anything that belonged to his mother  as his when she was alive. 

Understandably( I think! ) we are a bit reluctant, but they are insisting that they need to take it to the solicitors when they take the death certificate and relinquish their responsibility. None of the other items that belong to the estate- car, furniture, ornaments etc are being treated in this manner

basically, we are worried that they will allow my brother to riffle through the items ( they have already mentioned an item that they state my mother in law said was to go to the brother that we think he already has) , and I knowthe  brother will have no problem helping himself. We aren’t talking about the Crown Jewels here, and more than happy for them to be valued as required for probate,  but the fact that it was my mother in laws last wishes, and it is causing my wife more distress. She is in the ‘let him have everything’ stage but I know she will regret this. I’ve taken a photo of each item, but they have said they have looked it up and it is ‘legal’ and we shouldn’t have the jewellery until the will is read. 

Has anyone else been in this ( not very pleasant) situation/ any advice. 

Marcon

lindcariad said:

Unfortunately, I am married into  a complicated family and my mother in law has just died. We have seen the copy of the will, and she bequeathed specific items to my wife and her brother- the house to him, her jewellery to my wife. and split the estate. None of this is a surprise.
the named executor is not happy to carry out the duties (due the their health but also knowing the history of the family) and is going to ask the solicitor to take over. 

I have tried to help by going through documentation and finding the important documents that will be needed (this was just before they decided they didn’t want the hassle). So I. Have seen the official copy of the will. 
there is no one in the house at the moment , so we brought the jewellery home for safe keeping. The named executor has now requested that we take the jewellery up to her, following a conversation between her and the brother. The executor is a family member, but they are closer to the brother, and have never been subject to the sustained negative behaviour/ abuse from him as I and my wife have. He has a history of viewing anything that belonged to his mother  as his when she was alive. 

Understandably( I think! ) we are a bit reluctant, but they are insisting that they need to take it to the solicitors when they take the death certificate and relinquish their responsibility. None of the other items that belong to the estate- car, furniture, ornaments etc are being treated in this manner

basically, we are worried that they will allow my brother to riffle through the items ( they have already mentioned an item that they state my mother in law said was to go to the brother that we think he already has) , and I knowthe  brother will have no problem helping himself. We aren’t talking about the Crown Jewels here, and more than happy for them to be valued as required for probate,  but the fact that it was my mother in laws last wishes, and it is causing my wife more distress. She is in the ‘let him have everything’ stage but I know she will regret this. I’ve taken a photo of each item, but they have said they have looked it up and it is ‘legal’ and we shouldn’t have the jewellery until the will is read. 

Has anyone else been in this ( not very pleasant) situation/ any advice. 

They've been reading too many Agatha Christie novels. Will readings don't actually happen in real life, so I wouldn't attach much credence to what you're being told.

I'd hang on to the jewellery and pleasantly offer to assist in any valuation process/provide photos.

maman

I'd suggest you hang on to the jewellery and tell the executor you'll take it  personally to the solicitor as and when required. Tell her it's precious to your wife and she would prefer to keep it close. 

p00hsticks

I'd be offering to pass the jewellery onto the solicitor as and when they request it. 

Jemma01

Call the solicitor, if they say they want it, you take the box to the solicitor yourself and film every single item in the box while the solicitor is sorting through what they received. Then upload it to a Google account (or apple account) on the day (preferably immediately). Cloud services maintain the date for the uoload, and you can share the link with the solicitor if you suspect something went missing after you gave it to them.

If the solicitor said, they don't need the box, great. Keep it with you.

lindcariad

  They've been reading too many Agatha Christie novels. Will readings don't actually happen in real life, so I wouldn't attach much credence to what you're being told.

I'd hang on to the jewellery and pleasantly offer to assist in any valuation process/provide photos. 

Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  

You are right. I’m just stressed and upset. In the last two weeks we have been through such a lot- 2 bereavements, one attempted suicide, verbal abuse, and not thinking straight. 

Flugelhorn

as they say @lindcariad , "where there's a will, there are relatives"

agree best to liaise directly with the solicitor in this case, the executor named in the will will not be applying for the probate anyway. 

thegreenone

If BIL has been left the house and your wife all the jewellery, definitely keep hold of it all.  That sounds like a total imbalance.  Thank goodness you were able to get it from the house.  

Find a Jeweller who will value everything and provide an independent report for Probate, which you can give to the Executor.   Do NOT hand the jewellery over to the solicitor.  They do not need it and will probably give it to the Executor or Brother.  Which is exactly what E & B want.  Greed.  Greed.  Greed.

Are there safe deposit boxes anymore?  If so, I would find one.

Edited.  Find a Jeweller a long way from where you live.

Savvy_Sue

And if you haven't yet responded to the request, I'd be minded to say "we have made arrangements for valuation so are unable to do that immediately". 

Plus there's nothing to stop you phoning your own (or any) solicitor just to check whether they would expect to take valuables into their care: the executor should make valuables secure, but the idea that you're going to move a houseful of antiques into a solicitor's office sounds implausible, you're going to make things secure either at the house (ensuring there are no spare keys floating around, for example), or in your own care. But once the intended beneficiary is in receipt of what they're supposed to get, the executor can stop worrying. 

It doesn't sound as if the lack of any future relationship with her brother will matter much, so keep this in mind as you proceed. 

theoretica

The executor will also need a signed receipt that you have all these. There is a valid point that ownership cannot actually pass until it is absolutely clear none of the items need to be sold to pay debts against the estate and probate has been granted.

If you do give up and pass them over to anyone you should insist on going over the collection item by item and you get the receipt signed by them.

lindcariad

Flugelhorn said:

as they say @lindcariad , "where there's a will, there are relatives"

agree best to liaise directly with the solicitor in this case, the executor named in the will will not be applying for the probate anyway. 

The solicitor won’t give any info to me as not executor. I did ring but they repeat that until the executor calls into the office with ID and death certificate they can not do anything, and can not give any info over the phone as I could be anyone. 

I’ll take the jewellery, no energy for an argument,  but I have photographed each item and will tell them I have done so.