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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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My mum recently passed away and had not made a will. She used

Resolved Question:

My mum recently passed away and had not made a will. She used to give monies to my sister to put away in savings in my sister's name. She had also decided how the jewellery should be distributed which my sister hold in safe with hers. She used to always say that my sister will share it out when she passed away. But now my sister has stopped talking to me. How do I stand legally?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What is the total value of all your mother's assets?

What is the value of the jewellery?
Customer: replied 3 years ago.

Cash was around 30k to be split into 3. she said there would be approx 10k each.


 


She liked gold very much so over the years must have accumulated about 5k

Expert:  Jo C. replied 3 years ago.
If your mother died without leaving a will and she was not married at the time or was widowed and her estate passes strictly under the rules of intestacy to the children in equal shares.

The problem is obviously getting your sister (who is no longer speaking to you) to distribute the cash and jewellery.

The cash is relatively easy to deal with provided your sister is honest with it but the jewellery can be more problematic

Dealing with the jewellery first: the reason it is problematical is that if you cannot agree who has what, then it has to be sold (at a small proportion of its value) and the proceeds divided equally between you.

Then dealing with cash is easy if your sister will confirm what money is there. It becomes problematical if she lying is and denies that the money was there and you have no proof.

Legally, you are entitled to one half of everything if there are two siblings.

If your sister is not speaking to you then you have no alternative than to instruct solicitors and if she ignores the solicitors correspondence you will have to take her to court.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

mum was widowed. and there are 3 of us. got brother who leaves with sister.

how much would solicitor cost.

Expert:  Jo C. replied 3 years ago.
If there are three of you than it is divided three ways.

Solicitor should deal with the initial correspondence, several letters and opening the file and all the various compliance issues etc for under £200 plus VAT.

Fingers crossed that would give the desired result and that your sister would not want to have legal proceedings issued against her that she would have to defend.

If she did try to defend this she is likely to lose but the legal costs could easily be approaching tens of thousands of pounds
Customer: replied 3 years ago.

Your second question commented that if mum was not married at the time or widowed........


 


My answer she was widowed and there is 3 of us, you only replied about divided in 3 parts. What about the that she was widowed?


 


 

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean ?
Customer: replied 3 years ago.

ou have received an Answer!


From Jo C.



09 May 2014 08:23EST



If your mother died without leaving a will and she was not married at the time or was widowed and her estate passes strictly under the rules of intestacy to the children in equal shares.

----------------------------------------------------------------------------------------------------


 


Your answer on the 9th May, copied the first paragraph.


 


To this I mentioned that she was widowed and there were 3 of us, to which you replied about dividing 3 ways, but what about the 'widowed'?


Thanks


H

Expert:  Jo C. replied 3 years ago.
If she was widowed then there is no spouse to take any share because there are different provisions if there is a spouse.
If there are just three children, and no spouse then the three children share equally
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