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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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can i, as my deceased mothers next of kin, remove a few items

Customer Question

can i, as my deceased mothers next of kin, remove a few items from her rented home with out informing my older brother or younger sister?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Did your mother leave a will please?

JACUSTOMER-3kh42r6b- :

no

JACUSTOMER-3kh42r6b- :

she made me her next of kin and i have been signing all legal documents

Josh-2010 :

Thank you. On that basis you have joint authority to act alongside your siblings as administrator of her estate and each of you have full authority to deal with her estate as administrator under the Administration of Justice Act.

JACUSTOMER-3kh42r6b- :

every time i say that i would like an item from my mums house my siblings say that items need to be sold yet when they want some thing they assume they can have it

JACUSTOMER-3kh42r6b- :

i just want a few bits to remember my mum by

JACUSTOMER-3kh42r6b- :

things i know wont sell

Josh-2010 :

Therefore you have authority on this basis to collect and preserve asset of her estate. However consider that they do not belong to you as administrator but rather to her estate and therefor whilst you have the above authority you would need to agree how your mothers assets are to be divided between you before they would belong to you.

JACUSTOMER-3kh42r6b- :

that is why i want to know if i could legaly take them?

Josh-2010 :

This requires agreement of all your siblings. Each of you have an equal share of her estate so it is up to you to agree how you divide items between you.

Josh-2010 :

So to be clear - you can remove items and retain them safely under your authority as administrator but you cannot call them "yours" until it has been agreed how to divide the items between you.

JACUSTOMER-3kh42r6b- :

one of my sisters( a mum of 5) died before my mum and 3 of her children live with my other sister do they have a right to my mums estate?

Josh-2010 :

Yes her children will take their mothers share of the estate between them equally.

JACUSTOMER-3kh42r6b- :

would i be able to offer a sum of money for the items i would like to keep, even though i know that the estate would get little payment for them if sold at a house clearance

Josh-2010 :

Yes you certainly could but if I may venture a suggestion namely to collect them and keep them safe (as your role as administrator) for now and delay making any offers until you have been able to quantify the estate and make some decisions about what is to be sold and retained and so on.

Josh-2010 :

From there you can consider making an offer for the items but you do not need to pay for "sentimental value", but rather their market worth.

Josh-2010 :

But subject as above yes you certainly could do that.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help with any further?

JACUSTOMER-3kh42r6b- :

let me get this right me, my borther,sister and deceased sisters siblings are joint administrators of my mums estate, we can take items in to our care but not call them ours untill all costs/debts of the estate have been settled?

JACUSTOMER-3kh42r6b- :

so i wont have to as their permission to remove the items i would like?

JACUSTOMER-3kh42r6b- :

ASK

JACUSTOMER-3kh42r6b- :

do i have to ask my brother and sister for permission to remove the few items that i would like?

JACUSTOMER-3kh42r6b- :

?

JACUSTOMER-3kh42r6b- :

can i have an answer to the question "do i have to ask my brother and sister for permission to remove the items?" ?

Josh-2010 :

I am very sorry for the delay in reverting to you - I had to see a client. Can I continue to assist?

Josh-2010 :

I am very sorry that you have had cause to rate my service to you as poor. It is very important to me that you are satisfied with my service to you and I would welcome the opportunity to both change your mind and to assist you further and fully in this matter. I look forward to hearing from you. Kind regards