I think my brother in law has spent our inheritance! What do you think?

[twinsetandpearls]

My mother in law ( as good as we were not married) passed away in October. There was not a huge amount of inheritance as we encouraged her to spend all of her money before she died much to brother in laws anoyance. But there should have been about 10-15 grand each.

Brother in law has not answered the phone to dp for about a month now and before that he kept saying the money is on its way. He insisted on sorting all the money side out.

We spoke to brother in laws wife last week and they have just come back from their second holiday since the new year and have just bought a boat! Before this they lived a very frugal lifestyle. She also seemed surprised when dp mentioned to her that the inheritance had not come through.

I want to be kind and say oh well it is only money but the money will help us buy a house in Dorset as I have just got a job there and without the inheritance we will struggle. It is also a tad annoying as dp only left money to brother because dp made it possible (originally everything was to go to dp but without going into lots of detail dp changed that.)

How long does inheritance take to come through? Do you think I am being overly suspicious?

Was there a will?

Was this covered in the terms of the will?

If so he can't just take it - it's illegal.

I would get him to put a date on when you will get it.

If not say you will be contacting solicitor.

My FIL dies last July and the final probate hearing was only last month.

.. smell of fish in the air...

Is BIL the only executor? Is there a firm of solicitors involved? I'd approach any other executors or any solicitors to find out more. And confront BIL.

I'd say it looks gloomy for you to be honest

It depends how the money has been left. Do you know if it was left in trust, or as a straight named inheritance?
I do know that if the estate has to go through probate, it can take months and months, so it might just be that your brother-in-law has bought stuff on credit, knowing that the money will come through at some point.
If you don't trust him, look into it - call the solicitors etc, and find out the details.
Hope you get your money!

I don't think there was a will.

It is all a bit complicated as her partner ( they lived together) also died without a will. So lots of her money and her car etc went to her partners family even though they never saw MIL or her partner and we were there carers.

but if BIL was sorting it out, it doesn't sound as though there was anything official in place...not a good way to go...I'd talk to him(well your dp should), if no joy, get advice

Perhaps then it is still being sorted, maybe BIL is embaressed that he is spending the inheritance in advance, especially when we did do little for her when she was alive so does not feel comfortable talking to dp.

If he had taken all of the money it would be odd for his wife to tell us all about the boat and holidays unless she has no idea.

if there was no will, then I think that legal rights will come in to play and that is where the estate will be divided up between the children.

That is exactly what should be happening, there is only dp and his brother.

Even dp is suspicious now.

if you die without a will you die intestate. The laws of intestacy mean lines of inheritance should be judged by solicitor or appointed executor. He cannot just walk into a bank and say she's died. I'm her relative give me the money thanks.
Where was the money? How has he got hold of it ( if he has)

The money was in the bank.

Dp and bil went to a solicitor togther just after MIL died and because dp was in such a state he agreed with the solicitor that his brother should have the money and then give half to dp. I am not sure if this is exactly what is happpening but I think that is still the plan. The last BIL told us which was December was that the bank had all the legal documents and said a cheque would be going to BIL in the new year.

there should be letters of administration lodged etc it can take months.
if your dp signed over to bil then perhaps you know the answer . Bloody weasel

could your dp check the bank?

He could , we don't want to as we want to be wrong. But if as people are saying it can take months and months and we are worrying abou nothing

But surely the bank accounts will all have been frozen? My MIL's were, and only the executor could access them. We couldn't even settle household bills in her name without official verification. I don't see how BIL could have been spending anything, nor your MIL's partner's family, come to that. You should get someone on to this asap. And, by the way, my MIL died last May and with an uncomplicated estate, probate was only granted in February. And we still couldn't spend a penny, as it were, until IHT was paid in full.

MIL partner's family took a lot of the money because she had joint assets and money with her dp, when she dies they went to her partner or the money was in there account. Her partner said he would ensure that anything that was MIL would come to us with her possessions but then he died a week or two later before anything was sorted so it went to his family.

I was thinking that as Dp had agreed with solicitor that when the bank accounts were sorted BIL would have a cheque and then the money would be split between him and Dp. Perhaps BIL had that cheque but not passed on the money.

Could you test the water by thinking up a reason to be really in need of a small amount of the money urgently. If dp's brother has made off with the lot then he will have to 'fess up rather than fobbing you off.