Possessions disputed after 20 years of death

[Susan2022]

Grandparents died 20 years ago and mum and her sister shared personal possessions between them. Then mum died 9 years ago. My sister and I inherited mums estate. Now looking at selling cigarette cards that were originally grandparents but my cousins have decided they they should remain in family and not sold. Nothing had previously been mentioned in 20 years until now. Legally do we have to do this as they formed part of our mums estate

[dslippy]

Exaclty how did they come to be part of your mum's estate?

Who had a grant in your mum's estate? That person is responsible for whatever was in her estate.

On either letters of administration or under a grant of probate the answer is very likely that the assets are to be sold, and the proceeds divided as set out.


The answer is likely put them up for auction at which (this being declared), your cosuins can bid along with everyone else.

Between the lines, it looks like no grants may have been taken out. That can be a sensible cutting of corners but this is a substantial corner left unclear.

Ask your cousins what they mean by 'remain in the family' It is almost meaningless, and certainly empty at law.

A full and proper answer to this may be available, but it would likely come at an expense far in excess of their worth on the best day at auction.

[Susan2022]

20 years ago when grandparents died mum choose the cigarette cards and my aunt chose the sterio system. Between them they had shared some items. The grandparents will was not item specific. Then mum had the cards from 2004 until 2013 when she died and they came to my sister and i through her estate . My cousins have said that they want them valued and also if sold half the money alternatively they have them. Their mum (the other grandparents daughter) is still alive and has not asked for them it’s only her children .

[Susan2022]

Oh yes mums estate when split was that half went to me and half went to my sister to do with what we wished

[Susan2022]

The grant for our grandparents was the two daughters (my mum and her sister) and our mums was me and my sister

[atticus]

Is the stereo system still in the family?

The point is that the division of assets took place years ago, and was agreed between your mother and her sister. What makes your cousins think they can undo that?

[Susan2022]

I believe it still is. Although I’m not 100% sure. We are unsure why the cousins suddenly feel they should have them…. Presumably monetary which to be fair is the reason we are selling them . But we thought that legally they are ours and nothing to do with them

[dslippy]

"The grant for our grandparents was the two daughters"
Not really possible.There will have been two grants. It might make a big difference here. For example if each grandparent had a will neither of which made specific bequests, then if your grandmother dies first, everything (according to what the will actually said) passed everything passed accordng to your grandfather's will.
What you describe sounds like an informal apportionment. The estate accounts should show any such. As such it becomes a question of contract between the relevant parties, and should be proved and dealt with as such. If the contract was made more than six years ago and the objection is only recent it is possible that limitation law puts an end to their claim.
. .but please do not get overwrought about something worth only a small amount.

[Susan2022]

Ahh. Nan died before grandad. Everything went to him mum and her sister were executors of the will (I presume that’s not grant) . Yes this happened in 2004 when grandad died and the cards went to mum and sterio went to my aunt (mum and aunt were executors) . When she died in 2013 everything in her estate went to me and my sister. I understand with them being of low value but We are worried this could happen again and again on anything that was originally grandads

[atticus]

Tell your cousins these things were dealt with by your respective mothers as executors. The cards became your mother's property, and are now yours. The stereo became their mother's property. That is the beginning and the end of it.

[Susan2022]

Thank you but is that legally where we stand…..

[atticus]

That is what I have been saying.