What would you do in my shoes.

Peakma

what would your mother want you to do? it seems such a shame when families fall out over money.

lynzpower

goodytwoshoes wrote:

Thanks for your replies lynzpower. May I ask if you work in this field ?

I work in social services and have done for over 5 years, 4.5 years in children & families social work, and 6 months in older people & people with physical disabilities

goodytwoshoes_3

gravitytolls wrote:

Presumably, if he still has this money, then he will have to repay any fraudulently claimed monies, so you will lose out anyway....but he will not gain. If he's spent it, which seems far more likely, I guess he may be looking at a prison sentence, if it's a large enough sum.

Which must, surely, put an entirely different light on the Solicitor's behaviour.

I guess I would start with the DWP, to get the ball rolling. And perhaps the CAB would be best advised about making complaints to either body.

In my opinion whether he has spent the money or still has it, it should be taken back from his share of the estate and not ours.
What I don't understand is the solicitor seems to have given up trying to prove what has happened to the money even though it is obvious that my brother is lying.

goodytwoshoes_3

Peakma wrote:

what would your mother want you to do? it seems such a shame when families fall out over money.

I agree, but for us it's not only about the money. We don't want tot spend the rest of our lives wondering what happened to it.

goodytwoshoes_3

Really the more I think about it the more I realise how badly the solicitors have handled this case. :mad:

Fran

goodytwoshoes wrote:

Really the more I think about it the more I realise how badly the solicitors have handled this case. :mad:

The Law Society

Citizens Advice info about solicitors

Yes put in your complaint.

If your brother was given the money legally in the first place it was taken out of the equation wasn't it? So unfair as it is, he got this extra money. But what does it say in the will? Is it meant to be in safe keeping or something? It definitely sounds like you need a decent solicitor on it. Good luck with your complaint.

goodytwoshoes_3

Fran wrote:

The Law Society

Citizens Advice info about solicitors

Yes put in your complaint.

If your brother was given the money legally in the first place it was taken out of the equation wasn't it? So unfair as it is, he got this extra money. But what does it say in the will? Is it meant to be in safe keeping or something? It definitely sounds like you need a decent solicitor on it. Good luck with your complaint.

Thanks for the links.There is no proof that my brother was given the money legally in the first place. As my mothers power of attorney he could do more or less what he liked whether she knew about it or not.So it is not out of the equation. If he was given it and he still has it or has spent it it should be him that pays back the money he has defrauded from the DWP and not us.The will stsates that the estate should be divided equally i.e. that should include any money left.However because he moved it to his account some years ago to my mind he should now explain fully what has happened to it.

trafalgar_2

You say he moved it years ago,had he got PoA years ago too ,was he looking after your mum all these years or was someone else ? maybe he was given the money ,prehaps he doesn't think he needs to explain after all this time ?


just a few thoughts,it's very sad when families come to loggerheads over wills etc..................me,I'd walk away ,but I would make sure the DWP were informed if I thought he'd been fiddling

goodytwoshoes_3

trafalgar wrote:

You say he moved it years ago,had he got PoA years ago too ,was he looking after your mum all these years or was someone else ? maybe he was given the money ,prehaps he doesn't think he needs to explain after all this time ?


just a few thoughts,it's very sad when families come to loggerheads over wills etc..................me,I'd walk away ,but I would make sure the DWP were informed if I thought he'd been fiddling

In fact he moved it about two years ago. I agree that she may have given it to him in which case I would accept that. However if that is the case I wonder why he has felt the need to tell a pack of lies and carry on the deceit. As I have said we gave him every oportunity to explain what has happened to it. If he had just told us the truth we would never have gone to the solicitor in the first place.
We would like to walk away, but he has cost me and my kids alot of money because of his lies.He has admitted that he claimed benefits for her knowing that he had transferred money from his account to his and obviously that is illegal.

busymumof3

This sounds an awful situation. On face value it seems as if your brother is acting appallingly. Are you still on speaking terms? Is it beyond the point of trying to discuss things rationally and hammering out a fair solution for both of you. Could it be the case that your Mum used your brother as a safe harbour for her savings in order to qualify for benefits. ie. the money was "gifted" to him but would be there for her when she needed it. She may not have seen it as a permanent situation, favouring him over you. After all you knew about the sum of money involved. Can he not see how unfair this was on you. After all her will treats you equally.

Obtaining Power of Attorney involves paperwork which needs to be registered when it is put in place. All this would be a matter of record. Presumably the DWP would have the authority to review bank records etc so the date of cash transfers etc. could easily be ascertained too. Also, is he aware that the situation may have already been reported to the DWP and any amounts that were not obtained by their strict rules would be repayable (presumably from the estate not him personally). What kind of benefits did your Mum receive goodytwoshoes. If she was in a funded Nursing Home for example this could run into many thousands. I think the local authority have discretion to employ wide ranging powers to investigate deliberate deprivation of assets in these circumstances. Much depends on the timing of the gift. If your mothers estate is over a certain limit (£240k ish) and she has not survived 7 years since "gifting" the amount to your brother I beleive inheritance tax would also be due on a sliding scale.

Don't know what to advise about reporting the Solicitor. Could you seek some free advice in the first instance. Presumably in the meantime the estate is tied up.