freezing a bank account

tilly4597

Mojisola wrote: »

As his attorney, weren't you monitoring his accounts?

Did your Dad give them the PIN so that they could use his card?

Yes it was whilst monitoring his accounts that I saw all the withdrawals and confronted mum and brother. They could see no wrong. Mum got the pin number from dads wallet as he had written it on a piece of paper which she knew was in his wallet!

Mojisola

tilly4597 wrote: »

Yes it was whilst monitoring his accounts that I saw all the withdrawals and confronted mum and brother. They could see no wrong. Mum got the pin number from dads wallet as he had written it on a piece of paper which she knew was in his wallet!

Did you stop them as soon as you realised what was happening?

I don't think the bank will be at all helpful as they had the PIN and the police would probably say the same - a wife uses her husband's PIN and card to withdraw money and she'll say she had permission - will they really want to get involved?

tilly4597

Yes I stopped them at once and they returned some of the money. It was brother who took it out and deposited into the other account.

Mojisola

tilly4597 wrote: »

Yes I stopped them at once and they returned some of the money. It was brother who took it out and deposited into the other account.

It's absolutely horrible when someone in the family behaves like this - there's nothing like greed to bring out someone's unpleasant traits - but we can't always do anything about it.

I can't see any way that a bank would freeze another person's account so it may be that you have to live with the loss of what they've taken.

It's especially hard trying to deal with this situation when you're grieving - they're making a bad time much worse for you.:(

tilly4597

I discovered this whilst Dad was still alive but couldn't tell him as it would of broke his heart. when I confronted my mum she said she was just arranging for my brother to have a little nest egg! It was dads money not hers. I now understand why dad did not leave her any money, he knew she would of frittered it away on this one particular son. If we don't get this probate sorted and my brother issues court proceedings as promised I am going to make sure this comes out in court. You are so right about greed and traits! Like I said dad had more than one account so whether they stole from these accounts too is anybody's guess.

troubleinparadise

Whilst I can see your mum's problem if your dad controlled the money and paid bills etc from his account possibly leaving her with no cash to live on, taking it to give your brother a nest-egg doesn't fall into that category.

Keep those statements; telling your brother you have paper proof of his actions might make him think twice about issuing a caveat.

Unfortunately family relations will probably now have been soured for ever; if your brother was willing to take the money then for his own purposes when it was so easily tracked shows that he is either very stupid or doesn't really care about anything more than the money.

tilly4597

Mum has more than enough money, and dad knew that, Mum was always a squirrel, never paid a bill in her life, all she bought was brandy and cigs!! So although dad controlled his money, mum controlled hers. I have the statements and I am going to speak with the solicitor who can 'inform' him that we have proof of what he has done. He is that thick that he took money from the cash machine then walked straight into the same bank and deposited it into his new account!

troubleinparadise

tilly4597 wrote: »

he took money from the cash machine then walked straight into the same bank and deposited it into his new account!

Which might be on CCTV for one thing, and possibly the transactions were time as well as date logged for further evidence if it comes to that (which I doubt).

Hopefully also if he is thinking of entering a caveat that he seeks legal advice first to ensure that he really does have a justifiable case and to have explained the cost and time implications of such an action - there has been a long-running thread on this board about a caveat from a disgruntled family member that has been very stressful for the OP & family.

Gigervamp

tilly4597 wrote: »

At present probate has not been granted as my brother has placed a caveat on the will. This has now been registered so is permanent whilst we all try and come to 'an agreement'.

troubleinparadise wrote: »

Hopefully also if he is thinking of entering a caveat that he seeks legal advice first to ensure that he really does have a justifiable case and to have explained the cost and time implications of such an action - there has been a long-running thread on this board about a caveat from a disgruntled family member that has been very stressful for the OP & family.

Looks like the brother has already put a caveat on the will.

tilly4597

Hi, I have been following the other post. Caveat is already registered. Our solicitor is now gathering evidence from these transactions, so when we need to disclose evidence we will be disclosing this. Sol said there will definitely be a paper trail for these transactions.