Giving brother permission to handle deceased father's estate

CazH_2

My father died recently but died intestate. My brother and I are the only inheritants. Simple enough.

For the past three years my father was in a nursing home and I believe my brother took care of all of his finances e.g renting out his house, taking care of bills. He had paid out a lot of money.

I haven't seen my father for approx 20 years and so I'm happy to let my brother sort everything out. I doubt there would be anything to inherit anyway as he was in serious debt.

My brother has asked me to write a letter granting him permission to handle my Dad's estate which I am happy to do.

Does anyone know exactly what I need to state in the letter?

getmore4less

If the estate has debts and is insolvent then the brother should think carefully before proceeding.

Probably best to call the probate office to check the options and what to say
http://www.justice.gov.uk/courts/probate

Telephone: 0845 30 20 900

madbadrob

There are no requirements for anyone to administer any intestate estate. Your brother could quite happily go to the probate court and state he is your fathers son and wishes to administer the estate. As GetMore4Less as said I would be reluctant to get involved with an estate that is insolvent as it causes more problems than it solves but this is a choice for your brother

Rob

mo51

Hmm. I have a slightly different situation. My elder sister took over my elderly mothers financial affairs in a similar way, but my mother has a fairly good income so how do we know what my sister and/or her husband, is drawing and spending out of my mothers account? This has been the case for a number of years now, but how would we know in the event of my mothers death, exactly what they have done with her money? It could have been syphoned off to their own accounts for all we would know and when the will is read who knows what it should entail?

RAS

Assuming that your sister has proper power of attorney, then the public Guardian's Office should be keeping an eye on things. If you have any doubts, contact them.

Ideally the sister should share information about the costs of maintaining mum.

Mojisola

mo51 wrote: »

Hmm. I have a slightly different situation. My elder sister took over my elderly mothers financial affairs in a similar way, but my mother has a fairly good income so how do we know what my sister and/or her husband, is drawing and spending out of my mothers account? This has been the case for a number of years now, but how would we know in the event of my mothers death, exactly what they have done with her money? It could have been syphoned off to their own accounts for all we would know and when the will is read who knows what it should entail?

I have had control over my parents' financial affairs for some years with their agreement. Since Mum died, I have got official POA for Dad.

I have always kept all the financial paperwork up to date and my siblings have always been able to look through it whenever they've visited. There's been nothing to hide and no reason not to be open about it all.

If your sister isn't willing to take you through the accounts, I would be concerned.

mo51

There are no accounts to look at. She hasn't 'Power of Attorney' exactly, just signatory on mum's bank accounts etc. Over the years she has drawn money to buy, spectacles, dentures and food and clothing for mum, but how would it be evident if they are abusing this trust and buying their own things from her account? Mum is in her 90's and is dependent upon them for paying her bills etc.
She has numerous benefits due to her age and health, Attendance allowance plus a state pension and War Widows Pension. All in all she has quite an income.

Mojisola

mo51 wrote: »

There are no accounts to look at. She hasn't 'Power of Attorney' exactly, just signatory on mum's bank accounts etc. Over the years she has drawn money to buy, spectacles, dentures and food and clothing for mum, but how would it be evident if they are abusing this trust and buying their own things from her account? Mum is in her 90's and is dependent upon them for paying her bills etc.

She has numerous benefits due to her age and health, Attendance allowance plus a state pension and War Widows Pension. All in all she has quite an income.

Mum and Dad's bills were fairly regular - utilities, insurances, carers, food, a few clothes, a few outings. It should be easy to come to an approximate monthly spend. If a lot more than that has been going out of the accounts, you probably have reason to be concerned.

RAS

it is probably long past time when mum was encouraged to agree to a proper Power of Attoney. if her dostor/solicitor thibnk that she does not have the mental capacity to do that, then your family need to apply for to be deputies.