Mother gifted car 6 weeks before death to sibling and there is no money for funeral

bazneol

The car transferred ownership 1 week after brother started caring for her (probably backdated). Brother plans on selling car tomorrow to local dealership. I only know this as I was trying to find out how many owners car had so I could check with DVLA. The garage said we are going to buy that car Tuesday morning - fast work for grieving brother hey! My brother has forged signatures before and has also been dismessed over theft allegations.
I'm more interested in legal advice than advice on families falling out over. I'm don't believe blood is thicker than water. I do believe fraud is a crime wether it happens inside a family or not. Just because I am related I don't want to stand by and let a crime be committed.

rachbc

or maybe its not fraud and it was a sensible thing for your mum to gift the car to our brother - she presumably couldn't drive it and he may have needed it to perform some of his caring duties - taking her to appointments, collecting medications etc etc. Maybe she wanted to give him something to compensate for not being in the will as thanks for caring for her and the rift being mended. I don't know - and neither do you. So far there is no evidence that fraud has been committed....

cookie54

do not sign anything regarding the undertakers as you will then be libel to pay it .
I would look on the internet ie age uk. co op etc as there may be some grants available to help pay the costs. as your brother may try to claim these and then not pay for the costs.

bazneol

Sorry I know that I sound angry and I am angry. I'm also angry I can't even grieve properly. Thank you for all your kind words and I didn't mean to sound so ungrateful. Its just at the moment I want to know where I stand legally. I know I'm an emotional wreck! The family may repair itself one day but no time soon.

atilla

Isn't there also an issue with the Taxman regarding gifts?

Brother might not be so keen to keep the car.

bazneol

With regard to mother giving car to make up for brother not being in the will. I don't know this, I only know there is a will because brothers children phoned solicitors early on in mothers illness to try and get the will changed but the solicitors would have none of it. I phoned the solicitors when I became suspicious at the start and they confirmed there was a will and I left it at that and that they would never change a will of a terminally ill person. They also gave mother advice on the £3000 loan she was liable to pay as gaurantor. My mother was nieve even when in sound mind and didn't realise what being a guarantor ment. Mother never talked about the will, probably worried if greedy relatives would stop caring for her. I know that I couldn't care for an ill person and found the whole situation difficult and I would of preferred for my mother to be cared for in a hospice but mother didn't want to go in a hospital . Brother didn't do most of the care, he couldn't deal with toilet/bathing he left that to his children and if the car had gone to them they would more than have deservedd it.

cobbingstones

So sorry to hear of your loss.

The social fund will pay for the funeral if there are other funds. You will need to contact your local Jobcentre for the form.

Best wishes x

pendulum

Brother would be dead to me. I'd never even look at him again.
I'd probably go and torch the car tonight if I knew he was selling it tomorrow. Might regret it. Doubt it.

bazneol

Grief does funny things to people. It made by brother take all mothers possessions to charity shop on the day she died, followed by trading in all her cigarettes for the brand my brother smoked! I don't really know why I am so suspicious of him! Maybe it's just me. Also that was the day he announced he was the proud owner of a car.

meritaten

Bazneol - you need to speak to the solicitors. I can feel your pain through your posts. I am so sorry hun. just be calm and speak to the solicitors, tell them your worries about mums bank account etc. and whether the family will be liable for her debt (I honestly doubt that - if there is nothing in the estate then creditors normally write it off).
I am also sorry you seem to have an Arrrrrrrrsehole for a brother - not your fault hun! you are NOT liable for HIM!