power of attorney

RAS

I really think you need some advice on this will urgently.

However step-dad felt about his wife, he cannot exclude her from his will unless he has divorced her.

If he was paying the bills before he went into the nursing home, then he will be expected to support her after he dies, she could claim continusing support from the will, whatever it says in black and white.

The sticky bit is that if he was paying all the bills before he went into the nursing home and there now is a power of attorney which requires your OH only to spend money in grandfather's behalf and to support him, his wife is up a creek without a paddle.

freda11

She is a trustee. She phoned my hubby before and said she has tried ringing the son who took the money but he is ignoring her! Doesnt surprise me as he will be pooping himself at the thought of the police knocking on his door. He has a house in Canada so he has probably done a runner! She confessed to my hubby that she and her son have opened a joint account and put the money in there but she will go to the bank and get it out and return it to husbands account. My husband has told her to do it asap or he will go to police. Trouble is she has no means to get to the bank and if her other son is misssing he cant take her so she has asked my hubby to take her, he doesnt want to but if it means getting the money back he will have to. We dread to think how much she has taken from the other account she has his card to, until we get the statement on that one we wont know! he has tried tostop the card but because its the post office and we dont have the card number we have had to writeto them with proof of POA etc! Personally I would have rung the bank straight away but hubby was reluctant to dob his family in without giving them a chance to repay it.

freda11

Well they are refusing to pay it back, their words are 'why does my husband have to have it all'! They don't realise or understand he is going to use the money to make sure his mum has a roof over her head and bills are paid, which he doesnt need to as this is not stated in the Will. I have told hubby he HAS to phone the bank TODAY!!

newcook

I'd be calling the police if I were you!

freda11

police as oppose to the bank?

RAS

freda11 wrote: »

Well they are refusing to pay it back, their words are 'why does my husband have to have it all'! They don't realise or understand he is going to use the money to make sure his mum has a roof over her head and bills are paid, which he doesnt need to as this is not stated in the Will. I have told hubby he HAS to phone the bank TODAY!!

They seem to think that your husband has the money not that it is step dad's money which he is managing.

freda11

RAS wrote: »

They seem to think that your husband has the money not that it is step dad's money which he is managing.

Exactly right!

rpc

freda11 wrote: »

Exactly right!

Do they know step dad isn't dead yet? It is all step dad's money until he dies...

You need to speak to the police and the bank. It sounds like they are basically trying to drain his estate before he dies so that they get what they think is their "rightful share" of the inheritance.

freda11

yes they are aware he is still alive, makes me so angry!! so they put the money back but this brother has now gone and spoken to stepdads blood son and told him Will has changed and he gave my husband some money to 'spend as he likes'. This son has now phoned the solicitor who did the will and is seeking legal advice to contest the will! Happy days eh, poor man not dead and the vultures are circulating! Our solicitor has said he is happy that when dad redid the will he was of sound mind!

koalamummy

I am sorry to hear yourself and your OH are having such an awful time of it Freda. I only saw your thread today and appreciate this information will probably be of no use to you now but may help somebody else in the future. Whenever anybody fills in a disputed transaction form with their bank their bank contacts the owner of the cash machine where the transaction took place to provide their evidence of the transaction occurring. Cash machines actually take a photo of each cash withdrawal occurring as a security measure. Whoever takes the money out will have been caught on camera. This is not widely known but is accurate information. I was told of it by a bank manager friend who was explaining how he ended up with a black eye and bruising on his face. One of his customers took exception to the fact that they had photographic evidence of him taking the money that he claimed the cash machine failed to dispense.