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My dads bank account

smokeysmum
Posts: 5 Forumite
Hello all,
I am looking for some advice regarding my dad's bank account as I'm very confused as to where I stand legally.
My dad passed away on 15th March and unfortunately he didn't have anything written down nor was it discussed what would be done with his belongings and the little money he had in his savings account.
Dad was diagnosed with lung cancer in October 2012 and following a few months of treatment unfortunately we found out it was incurable at the end of Jan this year.
My dads personal circumstances were as follows...mum died in 2008 and he met his new partner in 2009 and she moved in with him the following year,shortly before he was diagnosed with cancer they were not getting on and there was talk of them splitting up but as he had terminal cancer he was awarded disability living allowance and after this she suddenly decided to stay with him (bearing in mind before he got ill they were in dire straits financially as neither of them could find work) all seemed ok and I have to say she played the carer role very well indeed,now I know she was payed carers allowance for looking after dad and my dad received the DLA higher rate in his name which he was getting payed into a savings account as he was too ill to spend it
The account had a card in his name only but he could use it as adebit card if he wished to withdraw on it.
Like I said above,he passed away on 15th March and three days later I phoned the register office about registering the death they said to bring some of dads I.d and I asked for his card to which his partner panicked and replied "there's no point giving you that because there's nothing in there “ I found it strange as I knew he had saved in there and I confronted her on the phone,she hung up on me and ten minutes later I got a call from auntie saying to come to dads as she had some money for me,when I got there she gave me £300 and said she lied because she had kept it upstairs as a surprise for me.
I knew she was lying so I got a mini statement from the cash machine which showed that she had made the withdrawal the same day I had asked her about the card.
Since this happened she has been very ignorant to me and the latest incident was yesterday when I asked if I could call to collect some of my dads things and she was obstructive saying she wouldn't be there as she was going away which I knew was a lie
I need some advice as my aunts are siding with her and calling me nasty saying I have no right to be angry with her as she looked after my dad but I feel as though it was all about money with her and that she planned to clear out his account after he died
Where do I stand? Should I go into the bank as his next of kin and close the account and ask for statements to prove she took money after he died? Has she broken the law by using his card after death? And as she isn't on the tenancy can I legally go unto his house and get stuff that belonged to him?
Advice appreciated,many thanks
I am looking for some advice regarding my dad's bank account as I'm very confused as to where I stand legally.
My dad passed away on 15th March and unfortunately he didn't have anything written down nor was it discussed what would be done with his belongings and the little money he had in his savings account.
Dad was diagnosed with lung cancer in October 2012 and following a few months of treatment unfortunately we found out it was incurable at the end of Jan this year.
My dads personal circumstances were as follows...mum died in 2008 and he met his new partner in 2009 and she moved in with him the following year,shortly before he was diagnosed with cancer they were not getting on and there was talk of them splitting up but as he had terminal cancer he was awarded disability living allowance and after this she suddenly decided to stay with him (bearing in mind before he got ill they were in dire straits financially as neither of them could find work) all seemed ok and I have to say she played the carer role very well indeed,now I know she was payed carers allowance for looking after dad and my dad received the DLA higher rate in his name which he was getting payed into a savings account as he was too ill to spend it
The account had a card in his name only but he could use it as adebit card if he wished to withdraw on it.
Like I said above,he passed away on 15th March and three days later I phoned the register office about registering the death they said to bring some of dads I.d and I asked for his card to which his partner panicked and replied "there's no point giving you that because there's nothing in there “ I found it strange as I knew he had saved in there and I confronted her on the phone,she hung up on me and ten minutes later I got a call from auntie saying to come to dads as she had some money for me,when I got there she gave me £300 and said she lied because she had kept it upstairs as a surprise for me.
I knew she was lying so I got a mini statement from the cash machine which showed that she had made the withdrawal the same day I had asked her about the card.
Since this happened she has been very ignorant to me and the latest incident was yesterday when I asked if I could call to collect some of my dads things and she was obstructive saying she wouldn't be there as she was going away which I knew was a lie
I need some advice as my aunts are siding with her and calling me nasty saying I have no right to be angry with her as she looked after my dad but I feel as though it was all about money with her and that she planned to clear out his account after he died
Where do I stand? Should I go into the bank as his next of kin and close the account and ask for statements to prove she took money after he died? Has she broken the law by using his card after death? And as she isn't on the tenancy can I legally go unto his house and get stuff that belonged to him?
Advice appreciated,many thanks
0
Comments
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Was he married to his new partner?
If not, then the laws of intestacy apply. Although different in the different countries (E&W, S and NI) the laws essentially say that 'blood' inherits.
That'll be you.
You apply for a grant of representation, you present the death certificate to the banks to freeze the accounts in the meantime and then administer the estate once you've been granted permission to administer probate.:huh: Don't know what I'm doing, but doing it anyway... :huh:0 -
Hi gingernutty,
Dad wasn't married to her,they lived together for around two years although the tenancy was in dads name only.
Thank you for your reply,I appreciate your help and what you have said gives me a starting block to sort all of this out,I am going to get the wheels in motion.
Can I ask,could I report her for fraud for withdrawing money from his account if his bank statements prove that transactions were made after his death?
Thanks again0 -
smokeysmum wrote: »Can I ask,could I report her for fraud for withdrawing money from his account if his bank statements prove that transactions were made after his death?
I'm sorry, I've got no idea about that. I've not dealt with that personally and the only references I can find are about executors stealing from an estate.
Your Dad's partner can keep withdrawing cash until the account is frozen and the soonest you can do that is Tuesday.
I'm sorry for your loss.
Hopefully, someone else will come along and help you shortly.:huh: Don't know what I'm doing, but doing it anyway... :huh:0 -
Ok,thank you very much for your help the advice you have given me has already helped me to know where I should begin.
Thanks again0 -
Sorry I couldn't be further help.:huh: Don't know what I'm doing, but doing it anyway... :huh:0
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Gingernutty wrote: »Was he married to his new partner?
If not, then the laws of intestacy apply. Although different in the different countries (E&W, S and NI) the laws essentially say that 'blood' inherits.
That'll be you.
You apply for a grant of representation, you present the death certificate to the banks to freeze the accounts in the meantime and then administer the estate once you've been granted permission to administer probate.
I'm afraid that is not strictly correct - there are certain circumstances especially given the country the deceased lived in - following the link provided - which show that the civil partner can inherit, not just a legally married partner or blood relatives.
Look through the guide carefully to see which rules apply in your personal circumstances.
Unless this is a joint account, your Dad's partner should not be using a card to access his account. You equally should not be accessing his account unless you had a Power of Attorney registered with the bank prior to his death, and not now that he has died, as POA ceases upon death of the donor.0 -
troubleinparadise wrote: »I'm afraid that is not strictly correct - there are certain circumstances especially given the country the deceased lived in - following the link provided - which show that the civil partner can inherit, not just a legally married partner or blood relatives.
Look through the guide carefully to see which rules apply in your personal circumstances.
Unless this is a joint account, your Dad's partner should not be using a card to access his account. You equally should not be accessing his account unless you had a Power of Attorney registered with the bank prior to his death, and not now that he has died, as POA ceases upon death of the donor.
How do you know what country the deceased lived in?Be Alert..........Britain needs lerts.0 -
smokeysmum wrote: »Hi gingernutty,
Dad wasn't married to her,they lived together for around two years although the tenancy was in dads name only.troubleinparadise wrote: »I'm afraid that is not strictly correct - there are certain circumstances especially given the country the deceased lived in - following the link provided - which show that the civil partner can inherit, not just a legally married partner or blood relatives.
Look through the guide carefully to see which rules apply in your personal circumstances.
This wasn't a legally recognized marriage or civil partnership - this was just two people living together. Not the same thing.:huh: Don't know what I'm doing, but doing it anyway... :huh:0 -
paddedjohn wrote: »How do you know what country the deceased lived in?
As the lady wrote about the Higher Rate DLA, it's a fair bet the deceased lived somewhere within the British Isles.:huh: Don't know what I'm doing, but doing it anyway... :huh:0 -
Gingernutty wrote: »This wasn't a legally recognized marriage or civil partnership - this was just two people living together. Not the same thing.
Yes, my error, you're absolutely right - I misread that point and overlooked that it wasn't a civil partnership.0
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