Forum Home» Marriage, Relationships & Families» Deaths, Funerals & Probate

My Sisters Bank Won't Let her release My Inheritance To Me-Please Help. - Page 32

New Post Advanced Search

My Sisters Bank Won't Let her release My Inheritance To Me-Please Help.

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
374 replies 58K views
1293032343538

Replies

  • jjj1980jjj1980 Forumite
    567 posts
    Tenth Anniversary 500 Posts Combo Breaker
    ✭✭
    Whilst not wanting to confuse any matters, after following this thread for a while and seeing the downward spiral Annbarbs is on, I have shown it to a friend who is a very experienced Mental Health Nurse who worked in the secure hospital wards and also referred it to the STEP qualified Consultants I work with in a department handling amongst other things, probates as corporate Executors. Hoping the information gained from both is going to be of some help.


    First and I think most important are the mental health issues. My MHN friend has confirmed that it is VERY unlikely the Ex-CMHT worker seen by Annbarbs previously will be permitted to have any useful contact with her as she is not on her caseload anymore. The ONLY way ahead is for a referral by a GP, who will possibly review any current medication. She has also said it appears Annbarbs is close to crisis, which would require a hospital admission and that a call to Samaritans would not be wasted, tel no 116 123 (24 hour helpline).




    Secondly, re the inheritance issue. It is common as other posters have said for estates to take well over a year to be finalised and payments made to beneficiaries, even after any property has been sold and they would not be considering the possibility of an Executor to be mishandling the estate until 12 months after the final property had been sold. However, in Annbarbs circumstances there does not appear to be any mishandling going on or purposeful withholding of funds.


    - The bank are correctly following the rules set down by the mandate for the Executors account - no "red tape" involved. Our Consultants would not be at all concerned by the advice given by the bank.


    - As the ill sister is now out of hospital, they would be leaving matters on hold for a period of 12 weeks before contacting the well sister for an update on the ill sisters progress if the money has not been transferred in the meantime.


    - If at that point, the ill sister is still being treated and the well sister is not sure whether the ill sister is mentally fit enough to be considered competent to sign, they would be giving a further 6 weeks. This is because most NHS timescales give a maximum wait period of 18 weeks for appointments after referral so therefore allowing for follow ups post-hospital discharge.


    - at the 18 week point, if matters regarding the ill sister were still not resolved, then it would be time to ask the well sister to make an application to the Court for removal of the ill sister as Executor via Court of Protection. This would involve the well sister providing a copy of the Grant of Probate and a statement as to why the ill sister should be removed, e.g. an explanation of her lack of sufficient mental capacity to carry out her duties as Executor.


    - If the well sister refuses, this is when Annbarbs solicitor should be stepping in to apply direct to the Court and possibly asking for the well sisters removal on the basis of her refusal.


    In basic terms, unless the ill sister sufficiently recovers to enable the transfers to be made in the interim time, the whole inheritance issue needs to be put completely on hold until the end of January 2017. Our Consultants, like Annbarbs solicitor, would also be refusing meetings. Whilst being sympathetic to the MH issues, they have other matters to attend to, are not qualified to provide MH support and would quite rightly refuse to do so. Also, it prevents the bill increasing and they have a legal and moral responsibility to ensure the estate funds are not unnecessarily depleted by legal bills.


    They also point out that in Annbarbs position, they would be looking to have the funds placed in trust to safeguard her from any unscrupulous parties trying to take advantage. They would then assist, as Trustees, in ensuring that rash decisions were not being made over use of the money as part of the MH problems, that all HMRC/DWP declarations were made correctly and any transfers for large purchases were made to correct bank details and payments received by the correct parties. Any decent corporate Executor would not just pay the money out to someone in Annbarbs situation and leave them to their own devices.
  • altojackaltojack Forumite
    9.7K posts
    Part of the Furniture Combo Breaker I've been Money Tipped!
    ✭✭✭✭
    jjj1980 wrote: »
    Whilst not wanting to confuse any matters, after following this thread for a while and seeing the downward spiral Annbarbs is on, I have shown it to a friend who is a very experienced Mental Health Nurse who worked in the secure hospital wards and also referred it to the STEP qualified Consultants I work with in a department handling amongst other things, probates as corporate Executors. Hoping the information gained from both is going to be of some help.


    First and I think most important are the mental health issues. My MHN friend has confirmed that it is VERY unlikely the Ex-CMHT worker seen by Annbarbs previously will be permitted to have any useful contact with her as she is not on her caseload anymore. The ONLY way ahead is for a referral by a GP, who will possibly review any current medication. She has also said it appears Annbarbs is close to crisis, which would require a hospital admission and that a call to Samaritans would not be wasted, tel no 116 123 (24 hour helpline).




    Secondly, re the inheritance issue. It is common as other posters have said for estates to take well over a year to be finalised and payments made to beneficiaries, even after any property has been sold and they would not be considering the possibility of an Executor to be mishandling the estate until 12 months after the final property had been sold. However, in Annbarbs circumstances there does not appear to be any mishandling going on or purposeful withholding of funds.


    - The bank are correctly following the rules set down by the mandate for the Executors account - no "red tape" involved. Our Consultants would not be at all concerned by the advice given by the bank.


    - As the ill sister is now out of hospital, they would be leaving matters on hold for a period of 12 weeks before contacting the well sister for an update on the ill sisters progress if the money has not been transferred in the meantime.


    - If at that point, the ill sister is still being treated and the well sister is not sure whether the ill sister is mentally fit enough to be considered competent to sign, they would be giving a further 6 weeks. This is because most NHS timescales give a maximum wait period of 18 weeks for appointments after referral so therefore allowing for follow ups post-hospital discharge.


    - at the 18 week point, if matters regarding the ill sister were still not resolved, then it would be time to ask the well sister to make an application to the Court for removal of the ill sister as Executor via Court of Protection. This would involve the well sister providing a copy of the Grant of Probate and a statement as to why the ill sister should be removed, e.g. an explanation of her lack of sufficient mental capacity to carry out her duties as Executor.


    - If the well sister refuses, this is when Annbarbs solicitor should be stepping in to apply direct to the Court and possibly asking for the well sisters removal on the basis of her refusal.


    In basic terms, unless the ill sister sufficiently recovers to enable the transfers to be made in the interim time, the whole inheritance issue needs to be put completely on hold until the end of January 2017. Our Consultants, like Annbarbs solicitor, would also be refusing meetings. Whilst being sympathetic to the MH issues, they have other matters to attend to, are not qualified to provide MH support and would quite rightly refuse to do so. Also, it prevents the bill increasing and they have a legal and moral responsibility to ensure the estate funds are not unnecessarily depleted by legal bills.


    They also point out that in Annbarbs position, they would be looking to have the funds placed in trust to safeguard her from any unscrupulous parties trying to take advantage. They would then assist, as Trustees, in ensuring that rash decisions were not being made over use of the money as part of the MH problems, that all HMRC/DWP declarations were made correctly and any transfers for large purchases were made to correct bank details and payments received by the correct parties. Any decent corporate Executor would not just pay the money out to someone in Annbarbs situation and leave them to their own devices.


    A brilliant post that hopefully annbarbs can see the relevant paragraph regarding time frames.

    My GP friend had already expressed to annbarb of the serious need to register with a Health Centre close to where she lives , as it's obvious to us she would find it impossible to get herself in a position to go too far for a doctor.

    Timing is imperative to any aspergers sufferer but this has to be very clear cut and needs to be given a date, this helps them to cope better with the situation.

    At least there is plenty here that I hope she sees, as I said before.
    There's no place like home :)

    Feeling down? Weak in body? Makes no difference to me, I think of you all when I'm sitting quietly.

    Hugs and healing thoughts are always going your way.
  • SystemSystem Forumite
    177.8K posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    First and I think most important are the mental health issues. My MHN friend has confirmed that it is VERY unlikely the Ex-CMHT worker seen by Annbarbs previously will be permitted to have any useful contact with her as she is not on her caseload anymore. The ONLY way ahead is for a referral by a GP, who will possibly review any current medication. She has also said it appears Annbarbs is close to crisis, which would require a hospital admission and that a call to Samaritans would not be wasted, tel no 116 123 (24 hour helpline).

    No that's not the case with me.
    When I was discharged by my CMHT 2 years ago.
    I tried to get my suport back by going to a MH Solicitor.
    The manager of the CMHT told my MH Solicitor that I do not meet the criter for their services. But they said that the CMHT will give me suporting letters for my benefits because they know how much it worries me.
    But not a keyworker.
    And since that time I have had minimum contact with my EX-CMHT Social Worker and can contact the CMHT in an emergency or crisis. And I can email my EX-CMHT Social worker who is also one of the senior Social Workers there.
    But they won't give me a regular keyworker as such.
    Secondly, re the inheritance issue. It is common as other posters have said for estates to take well over a year to be finalised and payments made to beneficiaries, even after any property has been sold and they would not be considering the possibility of an Executor to be mishandling the estate until 12 months after the final property had been sold.


    No that's wrong.

    My sister who are executor of the will, handled the will and money themselves they did not have a solicitor for that.
    They only had a solicitor for the sale of the house.

    But their solicitor did not handle the will or the executors account.

    The house was sold 5 weeks ago and the money from that sale was paid direct into the executors account.And had my other sister had not been ill the money would have been divided by my 2 sisters of the will and paid out to me and my other sisters.

    My sister did go to the bank to try to pay me my share the money into my bank account but the bank would not do the transation because the executors account is a joint account in both my sisters names. So the other sister must also be at the bank with ID and to sign becase it is such a large amount of money and because the acount is in joint names.
    But my sister did not know that until she got there and the bank told her.
    If my other sister was well I would have got my money a few weeks ago but she is not.
    But if my sister gets well and goes to the bank with my other sister then the money will be paid, the bank told my well sister.

    So what you are saying about even if my sister is wel it will be a year before I get my inheritace is nonsense.
    I would have got my money 4 weeks ago had my other sister had not been ill and gone to the bank with my other sister.

    But as she is not, that is why I have not got my money and neither has my other sister.
    Because it is stuck in the executors account and both executors have to sign for it before the bank will allow any withdrawals.
    Simple as that.
    The bank are correctly following the rules set down by the mandate for the Executors account - no "red tape" involved. Our Consultants would not be at all concerned by the advice given by the bank.

    As I said above and I and my well sister has been told by both the bank and my solicitor: Because the executors account is a joint account in both my sisters names both sisters must be at the bank together in person to sign.
    Before the bank will release any money.

    As the ill sister is now out of hospital, they would be leaving matters on hold for a period of 12 weeks before contacting the well sister for an update on the ill sisters progress if the money has not been transferred in the meantime.








    My sister could get well in that time. If she does then she can go to the bank with my sister and I will get my money.
    If not then I won't because as I have been told before the banks hands are tied by their ppolicy and cannot release the money unless both sisters are there to sign.

    My solicitor told me and so have you that the only way is the court of protection.
    But they won't consider any application now because it is too early time and it's only been a few weeks.
    So if I tried to go to court now no judge will do anything and the case would just be thrown out of court.
    Only if my sister is ill for a long time would I or my sister be able to apply to the Court and the judge might consider but not now. Because it has only been a few weeks and my sister could get better.
    So going to court is not an option at the moment.

    - If at that point, the ill sister is still being treated and the well sister is not sure whether the ill sister is mentally fit enough to be considered competent to sign, they would be giving a further 6 weeks. This is because most NHS timescales give a maximum wait period of 18 weeks for appointments after referral so therefore allowing for follow ups post-hospital discharge

    Yes if my sister wanted to go to the Court Of protection she would have to produce medical evidence to prove my sister was unfit to act as executor.
    At the 18 week point, if matters regarding the ill sister were still not resolved, then it would be time to ask the well sister to make an application to the Court for removal of the ill sister as Executor via Court of Protection. This would involve the well sister providing a copy of the Grant of Probate and a statement as to why the ill sister should be removed, e.g. an explanation of her lack of sufficient mental capacity to carry out her duties as Executor.

    Yes exactly that.
    That is what my solicitor told me.

    - If the well sister refuses, this is when Annbarbs solicitor should be stepping in to apply direct to the Court and possibly asking for the well sisters removal on the basis of her refusal.

    Yes my Solicitor told me the same thing.
    If it came to that and my sister refused to go to the Court Of protection my Solicitor said he would do it.
    It would then be up to the judge to decide if or not my ill sister lacked mental compactity.
    And if it does come to that which I hope it won't.
    then it could take months or even a year or longer before this is finaly resolved and I get my money.
    Because from what I read, there is only 1 court of Protection and cased don't get to court right away. It can take months.
    Our Consultants, like Annbarbs solicitor, would also be refusing meetings. Whilst being sympathetic to the MH issues, they have other matters to attend to, are not qualified to provide MH support and would quite rightly refuse to do so. Also, it prevents the bill increasing and they have a legal and moral responsibility to ensure the estate funds are not unnecessarily depleted by legal bills.

    Yes you are right.
    A solicitor is not a psychiatrist or a social worker.
    So it is not their place to deal with the emotionsal stress this is causing me.
    They are there to deal with legal issues only.


    Any conversation I wish to have with my solicitor can be said on the telephone as can most of the work he is doing for me.
    So he does not need to see me in person.
    Unless he needs me to come into the office to sign papers and that would only be if we were going to court which we are not at this time.

    My solicitor is keeping me updated by both writing to me and emails.
    And any questions or discussions I wish to have regarding my case can be dealt with over the phone.
    My solicitor feels there is no need for me to come to the office.
    As we are only going to discuss the same things that we discussed over the telephone.
    They also point out that in Annbarbs position, they would be looking to have the funds placed in trust to safeguard her from any unscrupulous parties trying to take advantage. They would then assist, as Trustees, in ensuring that rash decisions were not being made over use of the money as part of the MH problems, that all HMRC/DWP declarations were made correctly and any transfers for large purchases were made to correct bank details and payments received by the correct parties. Any decent corporate Executor would not just pay the money out to someone in Annbarbs situation and leave them to their own devices.


    Er, what do you mean by that?

    My sisters are going to pay the money directly to me into my bank account.
    When my sisters is well.

    When my solicitor asked my sister to pay my money to him so that he can then pay me.
    My sisters said no.
    As she does not think that's right and she told me so.

    And I am glad that she did not.
    I would rather have my sisters pay the money directly to me, not to my solicitor.
    That way at least I will know that I have got it.
    Then I can pay my solicitor myself after I receive my money.

    When my sister is well she will pay the my inheritance directly into my bank account.

    Then the money is cleared and shows up in my account.
    I will g and pay my solicitors bill.
    But I want my inheritance to be paid to me first not my solicitor.
    My sister said as the executors they pay me the money.
    Which is right and it's better for me.
  • -taff-taff Forumite
    12.5K posts
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    So, you have a minimum of 12 weeks to wait before you get your inheritance and possibly 18 weeks or more. Put it on your diary/wall planner

    Get yourself registered with a GP
  • edited 27 October 2016 at 2:40AM
    SystemSystem Forumite
    177.8K posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    edited 27 October 2016 at 2:40AM
    -taff wrote: »
    So, you have a minimum of 12 weeks to wait before you get your inheritance and possibly 18 weeks or more. Put it on your diary/wall planner

    Get yourself registered with a GP

    Yes that's not too long.
    JJJ means if my sister does not get well I must wait a minimum of 12 weeks before I or my sister could take any action, going to court.

    But my sister could get well in that time and it might not come to that.
    If my sister gets well in the next few weeks then she can go to the bank with my other sister and I will get my money.

    The Court Of protection is only a last resort if my sister does not get well but she could do.

    It is much safer for my sisters to pay the money directly to me instead of my solicitor.

    If they send it to me then at least I know that I have got it and I can then pay my Solicitor after I receive my money.

    If they sent it to a solicitor he might keep my money and not give it to me and I don't want that.

    Much safer to have my money sent to me not the solicitor.
    At least I know where it is.
  • seven-day-weekendseven-day-weekend Forumite
    36.6K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    I received a substantial inheritance last year.

    Even with no hold-ups or complications, it still took six months from my Auntie V's death for me to get the money. She died in January, I got the money in June. It came via the solicitor.

    I agree with everyone else, you will get your money if you are patient; no-one is trying to swindle you, your solicitor is trying to prevent you running up huge bills by not taking your calls and repeating what they have already said.

    Get your health sorted out and let your money take its course.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • TheBankerTheBanker Forumite
    710 posts
    Eighth Anniversary 500 Posts Name Dropper Combo Breaker
    ✭✭
    annbarbs wrote: »
    The manager of the CMHT told my MH Solicitor that I do not meet the criter for their services. But they said that the CMHT will give me suporting letters for my benefits because they know how much it worries me.
    But not a keyworker.
    And since that time I have had minimum contact with my EX-CMHT Social Worker and can contact the CMHT in an emergency or crisis. And I can email my EX-CMHT Social worker who is also one of the senior Social Workers there.
    But they won't give me a regular keyworker as such.

    I think you should send that email. Even if they can't give you a regular keyworker, they might be able to help you find a GP. I know from your other posts you are anxious about going to a new GP so maybe this is something they can help you with? Maybe they will suggest which surgery is the best one for you to go to?

    You ought to set yourself the goal of registering with a GP - you need this regardless of your mental health, because you could need to see a GP for other reasons not related to mental health. For example an injury or physical illness.
    Make £10 a day challenge: Jan-18: £330 / £400
  • ViolaLassViolaLass Forumite
    5.8K posts
    ✭✭✭✭
    Has your solicitor said that they wouldn't hand the money over if they got it? Why don't you trust them?
  • getmore4lessgetmore4less Forumite
    42.9K posts
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    ✭✭✭✭✭
    jjj1980 wrote: »
    ...
    lots of useful stuff
    ...
    They also point out that in Annbarbs position, they would be looking to have the funds placed in trust to safeguard her from any unscrupulous parties trying to take advantage. They would then assist, as Trustees, in ensuring that rash decisions were not being made over use of the money as part of the MH problems, that all HMRC/DWP declarations were made correctly and any transfers for large purchases were made to correct bank details and payments received by the correct parties. Any decent corporate Executor would not just pay the money out to someone in Annbarbs situation and leave them to their own devices.


    I had this on my mind as well certain things that have been said are pointing towards this as a consideration worth investigating by someone that has full access to all the information.
    As the sisters are handling the estate it would be prudent for them to take legal advice thy have a duty in this area.
    It may be a shame that this was not considered by the mother as that could have made the situation a lot easier.
    if a such a trust is needed and qualifies for the vulnerable persons status it affords benefit over ordinary trusts and if set up correctly can protect access to benefits
  • MalthusianMalthusian Forumite
    8.8K posts
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    jjj1980 wrote: »
    They also point out that in Annbarbs position, they would be looking to have the funds placed in trust to safeguard her from any unscrupulous parties trying to take advantage.

    What grounds would they have for doing this? Annbarbs is compos mentis in the eyes of the executors, the bank and her own (since she refuses to see a GP). As things stand I can't see how the funds can legally be paid to a trust and not the beneficiary of the estate.

    Or by "in Annbarbs' position" do they mean that if they were Annbarbs they would voluntarily ask for the funds to not be paid to them because they recognised they were unable to use them sensibly? That would make sense in a way but it is something of a philosophical exercise to say what the most rational thing to do is when you are incapable of acting rationally.
This discussion has been closed.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support