Major inheritance worry/fall out - help please

RileysMummy

Person_one wrote: »

Funnily enough I too have a relative who grumbles openly every time they announce another dream holiday or makes tasteless cracks about 'my' inheritance when they spend money on their house.

Amazing isn't it how rude some people can be to their own parents!! He is richer than Nona about 10 times over it's ridiculous. He's already screwed her over once money wise and now he's hovering like a vulture.

RAS wrote: »

You need to learn about POAs farly urgently. If Nona is still capable of looking after her affairs, then it is OK, but unless you have a Lasting Power of Attorney, you cannot look after things when she becomes incapable. At that point you need to register with the Public guardian's office.

However, if you have a joint account, that may affect things.

The other thing is that the funeral gets paid by the executors from the estate before any other dispersment.

I'll go through the paperwork tonight. I went through it all with the solicitor when the document thing was drawn up. I had to tell them about me and go through what I understood about the document and the legal standing. My mind is just such a muggle just now I can't remember it all. I do remember that the solicitor said it didn't really mean much until Nona wasn't capable of making decisions.

It was drawn up because she doesn't want my Uncle to have any right to make any decisions about her health (she says "he'd just switch me off") or her home or finances ("he'll have me in home asap, the cheapest one possible").

I think it was registered at the time. I know there's something we have to sign each year (I think) to say nothing has changed. The legal bods will clarify it next week. I'm sure it's already in effect though because she joked as we left the room that she was trusting me not to stick her in a home. They also suggested a different executor for her will as it was my husband and the solicitor said it'd be better if it wasn't someone with such a close connection to me because of my Uncle's expected reactions.

You are spot on though - I need to sort it all out asap. Thank you

Mojisola

RileysMummy wrote: »

I've already read the riot act at the hospital as a nurse allowed him to take the keys despite being told that me and my Aunt are the Next of Kins and I have power of atturney (I think that's what its called - we signed them at the solicitors last year. It means I'm allowed to take money from the joint account we have for funeral expenses as she hates the idea we'll all be skint paying for things before everything is sorted).


Thank you for the reassurance. Everything was done properly so I'll be telling Uncle to back off. His gripe is he thought Nona was worth more, but she's been on 4 holidays of a lifetime style trips in the last 5 years so she's spent a lot. Good on her imo!

Has he brought the keys back? Has he made copies of them? I would be inclined to get the locks changed. If he feels that he isn't going to get his due, you might find some of your Nona's stuff starts to go missing.

What a shame you have to cope with this at such a difficult time.

RAS

RileysMummy wrote: »

It was drawn up because she doesn't want my Uncle to have any right to make any decisions about her health (she says "he'd just switch me off") or her home or finances ("he'll have me in home asap, the cheapest one possible").

In which case it is an LPA. read up here http://www.publicguardian.gov.uk/

And I would recommednd you get a new barrel fitted to the lock.

RileysMummy

Mojisola wrote: »

Has he brought the keys back? Has he made copies of them? I would be inclined to get the locks changed. If he feels that he isn't going to get his due, you might find some of your Nona's stuff starts to go missing.

What a shame you have to cope with this at such a difficult time.

I've got the keys now. I don't think he'll have made copies. I think he wanted access to her paperwork to try and get an idea of value of the flat (he's never been in it since she moved - doting son that he is!) and other papers. He seemed rather smug (for the want of a better word) when he said he had "the" will, but the solicitor has the original anyway.

I don't think he'll go raiding her stuff. She doesn't have anything of real sellable value and he's not sentimental. I'll keep it in mind though and take a look around when I'm there next just in case. Thank you.

Errata

Poor you, such a rotten situation. HTH - uncle is talking through his aspect so don't worry about the house and flat sales.
Your nan is clearly very ill, and if you have the slightest concern that your uncle may visit her and upset her - tell the ward manager and nurses. Believe me, they're used to dealing with relatives who needlessly upset and harrass elderly patients.

RAS

RileysMummy wrote: »

. He seemed rather smug (for the want of a better word) when he said he had "the" will, but the solicitor has the original anyway.

Can I suggest that he is told, very firmly to return "the will" to Nona with an explanation as to how he came to be in possession of it?

RileysMummy

RAS wrote: »

In which case it is an LPA. read up here

And I would recommednd you get a new barrel fitted to the lock.

That is the one. I have to take on board my Aunt's wishes for medical things, but I am the decision maker. I just couldn't remember what it was called. Thank you for the link.

RAS wrote: »

Can I suggest that he is told, very firmly to return "the will" to Nona with an explanation as to how he came to be in possession of it?

I don't really want her to know this has been going on. I've asked him to bring it to the hospital on his next visit so that I can put it back. I just want her to concentrate all her effort on getting better.

Also if she's not going to get better I'm determined she's going to die in peace surrounded by her family. I don't want her to know he's after her money again. That might sound wimpish, but I'd give up everything as would my Aunty just to give her peace. She's been horribly hurt in her life by her daughter (my mother) I don't want her to be hurt by her son now.

RAS

RileysMummy wrote: »

Also if she's not going to get better I'm determined she's going to die in peace surrounded by her family. I don't want her to know he's after her money again. That might sound wimpish, but I'd give up everything as would my Aunty just to give her peace. She's been horribly hurt in her life by her daughter (my mother) I don't want her to be hurt by her son now.

It does not sound wimpish. However as her attorney you have the right to demand that the document is returned.

You are also absolutely right to do what is best for Nona and your response explains why she wants you to look after her affairs not him.

princeofpounds

You will be totally fine as long as you make sure everything has been done correctly. There are three separate issues:

- the house sale.
- the will
- the power of attorney.

The house sale should be fine, but you need to keep all the evidence as to the part-ex valuation and so on so that if the tax man does come knocking you cna simply show it to them. If the values were fair then you will not be liable for capital gains or inheritance tax in the manner your uncle described.

The will is another thing. It is unlikely to be contestable as the uncle is not a dependent of your nona and she was of sound mind and not coerced into it. However, if the uncle has some evidence that she was confused or coerced he might have grounds to contest, so your nona/you should check with the lawyer to make sure all bases were covered on those issues. The only complication I can immediately think of is that if you were granted POA before the will was made up then that might imply she was not of sound mind.

As for the POA itself. As noted above you want it to be the right type, and you want to understand your duties in managing it so that you don't do anything wrong. Again, the lawyers can help you with this one.

Finally, make sure all relevant documents are held somewhere secure, and preferably in more than one copy/location.

So, as everyone has said, you should relax a little as things should be fine, but you need to go and do some basic checking and organising, and maybe spend a little time with the lawyers to cover your bases.

suited-aces

Even if she did give the house for nothing, isn't it well below the inheritance tax threshold?