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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother has died over the weekend suddenly , there is no

Resolved Question:

My mother has died over the weekend suddenly , there is no will and her husband died nine years ago. There are four surving children , two of which have today been to her flat and stripped it bear taking all he material assets , what can i and my other sister do ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the value of the assets that have been taken?
Clare
Customer: replied 2 years ago.

Clare

There is around 5k in cash , 2-3k in material assets such as tv's , furniture , china etc etc and then theres jewellery that is 60 years old , not sure on the value of that .

Rob

Expert:  Clare replied 2 years ago.
Hi
When you refer to the Material assets have you allowed for second hand value - or are they in fact antiques or a collection?
Clare
Customer: replied 2 years ago.

Seconhand value in the main , but the china and cut glass and crystal had been valued at approx 2k between them

Rob

Customer: replied 2 years ago.

Hi

Do you have any advice ?

RoB

Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Who owns the flat?
Who is arranging the funeral?
Clare
Customer: replied 2 years ago.

It is rented sheltered accomodation and i am arranging the funeral

rob

Expert:  Clare replied 2 years ago.
Hi
Is the funeral prepaid or will you be paying for it?
Clare
Customer: replied 2 years ago.

Paying for it out of her savings ideally

Expert:  Clare replied 2 years ago.
Hi
That is exactly what should happen.
Have you spoken to the sibling who cleared the house and said you will send the bill to them?
Clare
Customer: replied 2 years ago.

Been through all that is there legally anything i can do ?

Rob

Expert:  Clare replied 2 years ago.
Hi
Yes but before you do you need to have tried to negotiate first
Legally any one of the four of you could have taken action to clear the property and realise the assets
That person is then under a duty to use those assets to pay all the outstanding bills - and the funeral bills and to split the rest of the funds (including those raised from the sale of the assets) between the four of you.
Failure to do that means that each sibling can sue that one personally for their share of the net estate
A clear letter reminding the of the law and asking for an accounting plus a reminder that failure to share the assets is in fact theft may be sufficient
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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