power of attorney

freda11

thanks kola, im worried now we may get into an expensive legal battle with the Will and this blood son. I cannot believe my OH mother and son would do this, because if this blood son won my mother in law would get nothing! Stupid woman!

koalamummy

I am sure that as his surviving spouse she would still receive a large proportion of his estate upon his death. It is horrible to think though that his wife, son, and one of his step sons see him as little more than a savings account. . Upon the death of his step father I would suggest that your husband steps back and let's them fight it out amongst themselves and let's the solicitor deal with it. You both come across as being too decent and dignified to become involved in it.

freda11

she diddled him out of £11k a few years back and now she has done it again, she is one nasty woman and her son is no better f.i.l wanted them to have nothing due to past history of them fleecing him. like you say we will just let them get on with it. i am sure the courts would be interested in discovering the theft of a few thousand pounds from a dying mans account!

suze200

freda11 wrote: »

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!

In this country a person is free to leave all their worldly goods to anyone they like. As long as they make a will. If they don't then the rules of intestacy apply. In that case if their estate is £250000 or less all would go to the wife. If over £250000 the wife gets half of the amount over and offspring the other half.

So if FIL did not want wife and son to inherit he has done exactly the right thing by writing a will to that effect.

Hopefully any solicitor will tell son that a will can not be "contested" when the testator (i.e. FIL) is still alive as a will is nothing more that a piece of paper whilst he is alive. All the money could be spent whilst he is alive (particularly if nursing home fees are being paid) so there would be nothing to "contest" anyway.

Also unless the person contesting the will can prove they are a "dependant" of the testator (such a child under 18 or disabled and supported by the deceased) they would not succeed.

freda11

Thank you Suze. It breaks my heart to think my father in law will discover that the vultures are fighting before the poor man has passed away. He has been in a nursing home since last august and the only people who visit are myself and husband. His wife my husbands mum refuses to visit as far as she is concerned he is already dead. My husband rang the blood son when we found out he had cancer but he was not interested and has been nowhere near his dad for many years. the stepson who nicked his money hated him and would have nothing to do with him, on the rarae occassion stepson went to the house when dad in law lived at home he used to ignore him. Amazing how popular a dying man becomes when money is involved. He pays no care fees because he is classed as 'continuing care' so his nursing fees are paid by the state.

Errata

freda11 wrote: »

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!

Let him get on with it if he's that stupid. He has nothing to contest as a will has no existence in law until the willmaker dies and the will is proved through probate.
With luck, the solicitor he's asking for legal advice will charge him £££££.

suze200

Hi Freda . I have edited my post, see above. You have nothing to worry about. Your FIL has made his wishes clear by writing a will and a solicitor can support that fact he was of "sound mind" when he did it.

However whilst FIL is alive your OH must keep meticulous records of any financial transactions he makes on FILs behalf. If MIL and son suggest to OPG that FILs affairs are not been handled correctly they could report to OPG as "Suspected abuse of a vulnerable adult" and to cause mayhem (even though it is they who are guilty of this!)

freda11

thanks Suze, we have kept receipts for the little money we have had to use in buying dad his toiletries etc

Money_maker

Try reading the thread before you post ^^^

Pollycat

WilliamEvans wrote: »

A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter.

I'm sure the OP knows what POA is, that wasn't the question.

It looks like you just googled it.

I've read some of your other posts, are you ramping up to start spamming the boards?

I hope not, because if you are, your posts will just be deleted.

If you're not, I apologise and will remove this post.