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step family dispute following death

louthemoo20
louthemoo20 Posts: 25 Forumite
Ninth Anniversary Combo Breaker
edited 13 March 2016 at 6:13PM in Deaths, funerals & probate
Im hoping someone can give me an answer to help my friend. Her dad died last week. He lived in a house with his wife of 20ish years who died a couple of years ago. The house was in her name so her step kids inherited it. My friends dad continued to live there until he died. The step sister also arranged all the financial stuff for the dad after her mum died. Since the dad died she has appeared to be very money orientated & asked a few odd questions which has raised some suspicions. My friends brother has power of attorney but the step sister has locked him out of his dads bank acct. Yesterday the step sister was at the house with a van & has changed the locks. My friend & her siblings arent contesting the fact that the house belongs to the step sister but obviously alot of the contents belong to her dad. Where do they stand legally? They had all arranged to meet at the house to go through items together. There is nothing of real value. The general feeling os that the evil step sister is covering something up. Either way they want access to the house for their dads things
They have asked politely but the step sister is ignoring calls & texts.

I hope that all makes sense & someone can help! Its all very stressful & its taking away from the fact that a very lovely man has just passed away.

Thanks
louise
«134

Comments

  • elsien
    elsien Posts: 37,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Power of attorney dies with the person. Did dad leave a will, and if so who is the executor?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Torry_Quine
    Torry_Quine Posts: 18,892 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The power of attorney ended when his dad died. Did he leave a will and who is executor?
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • Keep_pedalling
    Keep_pedalling Posts: 22,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It sounds like your friend's step mother left the house to her children in her will and her dad and was left with a life time interest in it. It also sounds like he made his step daughter his executor, is this correct?
  • louthemoo20
    louthemoo20 Posts: 25 Forumite
    Ninth Anniversary Combo Breaker
    edited 13 March 2016 at 7:05PM
    We suspect that the step sister has been managing their dads affairs despite power of attorny which the step sister isnt but bank statements will prove that.

    I think my friends brother is the executor of the will. I highly doubt its the step sister. All they want at this stage is access to the house for photos for the order of service for the funeral which they dont have now the step sister changed the locks. She is avoiding contact which just adds to the suspicion.

    Their dad did make a new will when his wife died but that has disappeared also.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My friends brother has power of attorney
    We suspect that the step sister has been managing their dads affairs despite power of attorny which the step sister isnt but bank statements will prove that.

    Wasn't the brother who had POA keeping records of all financial transactions? If he was doing this, how did the step-sister manage to take money without him knowing?
  • louthemoo20
    louthemoo20 Posts: 25 Forumite
    Ninth Anniversary Combo Breaker
    edited 13 March 2016 at 7:15PM
    Im not sure. Step sister was family for 20 years so i guess they trusted her?

    As i said at this stage its more about access to the house for their dads things. Hopefully his will is there somewhere as well as all his other financial info but as the step sister changed the locks they cant get in to find out.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Go to a solicitor and get them to write to her requesting access to their father's possessions.


    How do they know a will was made but has disappeared?
  • Their dad told them he had done a new will. Theres documents from a solictor so ive told them they would have a copy.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Their dad told them he had done a new will. Theres documents from a solictor so ive told them they would have a copy.




    Then what is the problem?


    I would have thought that the solicitor that did the POA would have also done the will.


    Why have they not spoken to the solicitor?
  • My friend is just worried that by the time they see a solicitor the step sister will have cleared the house & thrown all her dads stuff away. Can she do that?
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