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

missbishi

cookie54 wrote: »

do not sign anything regarding the undertakers as you will then be libel to pay it .
QUOTE]

Cannot agree more with this advice.

jackieb

bazneol wrote: »

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!

Oh my goodness! How insensitive can someone get?

I remember going over to someone's house the evening that their father died suddenly, and they were discussing who was going to get his car, his new TV and the fridge/freezer! I was gobsmacked.

My thoughts are with you, and I hope you get this sorted out soon and it doesn't drag on. x

Errata

I'm sorry for your loss and your anger and grief is understandable. I just wanted to say that your mum could have given away the car whilst her mind was perfectly clear and she understood what she was doing. I'm afraid you may not be able to prove otherwise.

BitterAndTwisted

I could think of a few words to describe the brother's actions and "insensitive" wouldn't be one of them. God, it must so horrible to have to deal with a loathsome article like that when you're trying to grieve.

The good news is, that once the funeral has taken place and the estate all wrapped up, the brother will be a pariah. And quite right, too. I'd be sticking pins into wax effigies right about now.

Oldernotwiser

Why has your mother made a will if there's no estate?

meritaten

Oldernotwiser wrote: »

Why has your mother made a will if there's no estate?

this makes me think there is more to the estate than the OP knows - if her mum was anything like mine then there are insurance policies to deal with!

bazneol

Good question. Why make a will?

It is a little more complicated. Mother lived with her partner in a caravan, purchased with his money. I understand only one person can own a caravan - her partner I'm hoping. So they had to make a will so that on one of their deaths they couldn't be made homeless by greedy relatives. They only purchases caravan about a year ago with money from sale of my mothers partners property. This is also when the £3000 had to be paid upon the sale of the house. This is why it is likely brother excluded from will and I presume why he attempted to contact solicitor at start over changing the will. When mother was diagnosed with cancer 2 months ago she went to live with brother because the caravan wasn't suitable. Mothers partner has mental health issues and is very vulnerable. I'm hoping the will was a safety measure put in place by the conveyancing solicitor to avoid them being ripped off again.

It could be really messy, when the will is read!

MatyMoo

So sorry for your loss, that is enough to deal with so I can't imagine how you are feeling with the added issues caused by your brother.

I may be speaking out of turn but there is a vague memory about gifts of money made in the 7 years before you die becoming part of the estate. I don't know if this would be the same for any gift of value (i.e. the car) but it may be worth investigating.

ETA This may help:
http://wiki.answers.com/Q/Could_gift_before_death_be_part_of_the_estate

BitterAndTwisted

Gifts of any value can be made. I think the seven year rule is to do with inheritance tax. The OP has nothing to worry about on that score. Sound like she's got her hands quite full already without fretting about that.

NotSuchASmugMarriedNow

your mother can give her car to whoever she wants. It was hers to do what she wished with. She gave it to your brother and she gave you nothing. That must hurt. However, I can't see any fraud or criminal offence here.