help with bank account?

Fire_Fox

You need Power of Attorney to act for her now but this dies with your mother. At that point the executor(s) takes over running her financial affairs - you can be both - IMO this is the angle to take over the will, she can leave everything to the dogs home if she wishes but she needs to appoint executor(s) which means writing a will. A will really does make life a lot easier for all concerned, it's not mercenary you will be devastated so want things as easy as possible. Another option is to take her to a solicitor for the PoA and ask them to speak with her about a will, then leave the room.

pollypenny

For speed, you can be a signatory on her account, that'll let you sort things over the next few weeks.

For the longer term, you really need to talk to her about her will.

homealone_2

i finally gritted my teeth and brought up the subject of her will and mentioned how the instructions stood as they were. she was a bit confused and felt sure that i was to receive whatever was in will and certainly not my two step brothers. i dont know if i already said but they are a good 25 years older than me and while alive my step dad gave them everything, including setting them up in their own businesses but never gave me anything probably due to the point that i never asked or wanted anything. since my step dad died 8 years ago they havent even made one call to my mum. anyway after that she drifted off to sleep so not a great deal further along. a friend of mine suggested as it was not a vast sum of money or any property that i would be just as well to fill in one of the diy wills and get mcmillan nurse or whoever in home to be witness or even contact mcmillan nurse to find out if this kind of service was available. its so difficult as the days wear on the only time she is fully awake is when the pain has woken her and then she looks in agony crying out for her mum, not exactly a time i want to be shoving a piece of paper under her nose to sign...

Mojisola

homealone wrote: »

she was a bit confused and felt sure that i was to receive whatever was in will and certainly not my two step brothers.

its so difficult as the days wear on the only time she is fully awake is when the pain has woken her and then she looks in agony crying out for her mum, not exactly a time i want to be shoving a piece of paper under her nose to sign...

To make a new will, your mother has to be able to personally give instructions, not just sign something you've written, otherwise the will could be challenged by your step-brothers. You could not only find yourself sharing the estate with them but having a legal bill to pay as well.

Would your mother's doctor give evidence that she was capable enough to make a new will?

homealone_2

Mojisola wrote: »

To make a new will, your mother has to be able to personally give instructions, not just sign something you've written, otherwise the will could be challenged by your step-brothers. You could not only find yourself sharing the estate with them but having a legal bill to pay as well.

Would your mother's doctor give evidence that she was capable enough to make a new will?

i do have some requests that may count as personally giving instructions, as just before she became ill out of the blue one day, she decided to go get a co op funeral package which was paid for at the time. for things like the funeral cars and where her body was going to be laid for viewing and lots of other things things so that is one less thing for me to worry over and at the time we were talking about it an she was saying what music she wanted and where the wake was to be and how she wanted gd1 to have wedding ring and gd2 a chain and money to this person and jewellry to that one and so on i said at time hold on let me write this down and did a document on laptop and now and again she would say oh by the way i want this and that and i would add to the document. would this be the sort of thing you mean?

Mojisola

homealone wrote: »

i do have some requests that may count as personally giving instructions, as just before she became ill out of the blue one day, she decided to go get a co op funeral package which was paid for at the time. for things like the funeral cars and where her body was going to be laid for viewing and lots of other things things so that is one less thing for me to worry over and at the time we were talking about it an she was saying what music she wanted and where the wake was to be and how she wanted gd1 to have wedding ring and gd2 a chain and money to this person and jewellry to that one and so on i said at time hold on let me write this down and did a document on laptop and now and again she would say oh by the way i want this and that and i would add to the document. would this be the sort of thing you mean?

I don't think a document that you've written on your computer would have any standing in a legal case because it's only your word that she gave you these instructions. If what you've got written down differs from the will, the clauses in the will will take precedence.

If the will says that you and your step-brothers are executors, then you will have to work in agreement with them. They may agree to honour small gifts like the jewellery and the arrangements for the funeral but are unlikely to pass up on their share of the estate.

daska

Have a chat with the staff at the hospice. They will have a very good idea as to whether she has sufficient capacity. But given the circumstances I would involve them. You need an independent but informed witness - a solicitor would be ideal because they can ask the correct questions and make that judgement. And if she can identify the list you've done as the one she gave you then this can be attached to the Will as a memorandum of wishes. One thing's for sure, it's isn't going to get easier to deal with which is really tough for you (((((HUGS)))))

homealone_2

thanks for everyones advice, the whole thing is such a headache that while my mum is so ill is something i can do without. i was not going to just pass on the document i was advised to get one of those diy wills from the post office filling out various sections where it says it replaces any other will and put the small gifts on and the get it signed and witness. in between doses of morphine she is very much like her old self so would have no real problem saying what she wants. are these wills really not any good.she has no property and about £10,000 in accounts in her name. other money she already gave in cash to gd1 and opened an account to gd2 in her name and in premium bonds to gs1 in his name besides that her funeral is already paid for and whatever then what cash is left will be given to me. at this point i dont even know where my step brothers live as i have never really had anything to do with them as previously said they are a lot older than me and were in their 30's when my mum married my step dad ( he was 23 years older than my mum) so they had long left home moved way way far awy and saw them maybe once every couple of years) they had no property and she has 3 accounts, one a current where her pension goes and rent gets paid with appro £3k . an isa of her own money with approx £5k and a savings account which was i think was where when he died his money went into this account and in there is about £2k

loubel

homealone wrote: »

i was advised to get one of those diy wills from the post office filling out various sections where it says it replaces any other will and put the small gifts on and the get it signed and witness. [...]are these wills really not any good

The problem with the DIY wills packs is that they are only any good if the person using them understands how to draft a Will correctly and how to ensure it is correctly executed. Much better for your mum to use a solicitor for the peace of mind that her Will will reflect her wishes.

pollypenny

Going by the Heir Hunters programme, only blood relatives inherit, anyway.

You could ask for a 30mins free appointment with a solicitor to clarify your position.

Hope your mum is being kept comfortable.