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Topic: I`m gutted

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mzzy

04/1/2017 at 7:33pm
Location: West Midlands
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So sorry to hear about your husband. It's a very difficult situation with second marriage, can see both sides of it.

When my ex husband died, his partner wouldn't let my son and daughter have anything at all (even T.shirts etc) to remember their dad by, she eventually sold or got rid of all his stuff. They are still upset by it 10+ years later. Although they would never of dreamt of just helping themselves.

It's very sad, seems death brings out the worst in people sometimes x

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~*MZZY*~

supertrooper78

05/1/2017 at 12:18am
Location: Derby
Outfit: Willerby Herald.

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I've been intouch with my late husbands daughter to ask her brother to please give back the jewellery, but I don't think I'll ever see it again, it is not a police matter as I've spoken to them and the hospital are within there rights to hand any jewellery to the relatives family and he has signed for this jewellery (the son). So it's a matter for a solicitor.
Thankyou all for your replies.

Opensauce

05/1/2017 at 8:10am
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It depends how your late husband's will was drafted. For example if he left everything to you then you will own the jewellery once probate has been granted. If part of his estate was left to his kids then it is less clear cut but nonetheless while the hospital did nothing wrong by allowing his son to take away his dad's personal effects his son cannot simply take ownership of it.

It is the responsibility of will executor(s)to ensure deceased's property is protected during the probate process. Obviously if son is executor then ok for him to look after jewellery but he cannot claim it as his own during the probate process only after probate has been granted provided he is entitled to it.

If your late husband appointed his solicitor or anybody else including yourself as executor of his will then that executor's duty is to tell the son very firmly that the jewellery forms part of your late husband's estate. Any dishonesty on the part of any executor is a criminal offence.

If will has been divided on a percentage basis with son as one of the beneficiaries then obviously you may not get it back but right now he cannot simply take ownership of the jewellery.

Post last edited on 05/01/2017 09:42:27

Mick S.

05/1/2017 at 7:04pm
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Im surprised someones relative could just hop on a plane to NZ with 2 urns of ashes. Irrespective of sensibilities, they are massive on 'organic' imports of any kind. They must have been taken off them for irradiating before they left arrivals. Which sort of spoils what you have in there knowing they have been essentially 'nuked', i would say.

marg6

05/1/2017 at 7:54pm
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yes I was totally shocked about that too when this happened, I was even more surprised that knowing the funeral director personally and the fact that he was even chatting to me at the funeral that he could just hand over the ashes without saying anything.

oh lord! I never thought about the nuking part too! add that to a headstone with the wrong date of death for my dad, it was all just one big slap in the face! anyway I have since found out that during the latest earthquake that his house (paid for from mums estate) was severly damaged, and that his own wife has also passed away!

like they say what goes around comes around!

supertrooper78

06/1/2017 at 10:56pm
Location: Derby
Outfit: Willerby Herald.

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I am the sole executor for my late husband so. I shall be writing.to his son asking for the jewellery back as this is my only way of communicating with him.

Opensauce

07/1/2017 at 9:19am
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If the jewellery has value & son will not return it then it is a police matter if you make it so & you need to insist. You have proof from the hospital he took it. Cops will see this as a family dispute & not want to get involved but fact remains it is part of your hubby's estate & you as executor have responsibility for his property.

Or possibly a solicitors letter to son would carry a bit more clout than a letter from yourself? If it means that much to you then a solicitor's letter explaining the legal position to stepson would not cost that much to organise.

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