My mum left me and my sister her jewelery in her will. My sister in law knew this before mum died and took what she bought. Can she do that? My brother who married to her was mum's power of attorney.
Legally, nothing in the Will should have been touched until Probate was finalized. So SIL was not entitled to the jewelry she bought.
But...this jewelry has no sentimental value. Its not a family heirloom. It was a gift and in my opinion I personally would have returned it to the giver. I gave things back to my SIL. She had bought Mom some items she never used. I asked if she wanted them back.
This jewelry, I would think, needs to be included in the accounting. If its not, then you can contest that at the time you are asked to sign the accounting papers. Don't sign until its done. It should be returned to the estate. After all is said and done, then you can choose to allow SIL to have what she gifted.
Besides - do you mean, that your sister in law kept back for herself any jewellery that she, your SIL, had bought and given to your mother?
Really your brother's power of attorney is nothing at all to do with it:
1. power of attorney ends on the death of the person it's held for 2. power of attorney has nothing at all to do with carrying out a will 3. power of attorney only empowers someone to act in the best interests of the person he's acting for - distributing your mother's jewellery other than your mother directed would not be included in that
But, so what. Is this fight really worth the bother to you and your sister? Did you and she receive any of your mother's jewellery?
The executor of the will should distribute the estate. Was the brother named executor as well as having been POA? The brother is "responsible under the law" for distributing the estate as dictated by the will; he can be held legally liable if he doesn't. If this jewelry is worth it to you in either sentimental or real value you should now speak with the executor of the will about your intention to secure a lawyer. You could consider family mediation and I can give you contacts should you wish them; shoot me a private message and I will supply them.
SIL took 'back' what she had purchased for your mom? That's pretty tacky of her, and also probably not legal. If they had some kind of agreement about it, it should be in mom's will, somehow.
That isn't an unusual occurrence, but it needs to be done with transparency, so everyone knows what went where.
Upon mom's death, the POA no longer had any 'power' so this is just theft, in actuality---but this happens all the time.
Now is when you need to know who is executor. Probably the brother. Just guessing.
no way! if your mom left a will or some type of document stating this than all you have to do is get an an attorney. if she did not leave any documents written nor if you have any kind of proof than you have nothing. you can fight this if you have documents. that would not be fair. save every email proof you have for your lawyer.
But...this jewelry has no sentimental value. Its not a family heirloom. It was a gift and in my opinion I personally would have returned it to the giver. I gave things back to my SIL. She had bought Mom some items she never used. I asked if she wanted them back.
This jewelry, I would think, needs to be included in the accounting. If its not, then you can contest that at the time you are asked to sign the accounting papers. Don't sign until its done. It should be returned to the estate. After all is said and done, then you can choose to allow SIL to have what she gifted.
But then, she has!
Besides - do you mean, that your sister in law kept back for herself any jewellery that she, your SIL, had bought and given to your mother?
Really your brother's power of attorney is nothing at all to do with it:
1. power of attorney ends on the death of the person it's held for
2. power of attorney has nothing at all to do with carrying out a will
3. power of attorney only empowers someone to act in the best interests of the person he's acting for - distributing your mother's jewellery other than your mother directed would not be included in that
But, so what. Is this fight really worth the bother to you and your sister? Did you and she receive any of your mother's jewellery?
That isn't an unusual occurrence, but it needs to be done with transparency, so everyone knows what went where.
Upon mom's death, the POA no longer had any 'power' so this is just theft, in actuality---but this happens all the time.
Now is when you need to know who is executor. Probably the brother. Just guessing.