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Sons grandfather passed away

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Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Margot123 wrote: »
    This is exactly what I was thinking. Wonder if the title can be traced back further? There was nothing to stop someone with Power of Attorney registering it in their own name. Does seem a very quick turn around on the Land Register though, if it was only sold a short while ago.
    Wrong! The attorney, assuming it was a LPOA or EPOA is specificly not allowed to deal in this way. They can only tack action that benifits the donor of the POA.
  • seashore22
    seashore22 Posts: 1,443 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Yorkshireman99 wrote: »
    Wrong! The attorney, assuming it was a LPOA or EPOA is specificly not allowed to deal in this way. They can only tack action that benifits the donor of the POA.

    Exactly. There are very strict rules about what someone with POA for a relative can do do. Putting property in their own name is NOT one of the things that are ok to do. Before or after death.
  • dawnyp72
    dawnyp72 Posts: 57 Forumite
    Seventh Anniversary 10 Posts
    What if he hadn’t appointed a POA. He led a very simple life, when his wife passed away a few years ago, he didn’t even have a bank card or know how to use a cash machine. His son had to sort everything out for him. It is quite possible that he passed away without leaving any instruction to anyone.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 1 October 2017 at 6:01PM
    dawnyp72 wrote: »
    What if he hadn’t appointed a POA. He led a very simple life, when his wife passed away a few years ago, he didn’t even have a bank card or know how to use a cash machine. His son had to sort everything out for him. It is quite possible that he passed away without leaving any instruction to anyone.
    If there was no will then the house could not have been sold without letters of administration being applied for and granted. This would show up on the probate list.
  • dawnyp72
    dawnyp72 Posts: 57 Forumite
    Seventh Anniversary 10 Posts
    So if it did go to probate & letters of administration were granted to another family member & they have now sold the house, is it too late for me to find out if my boys would have been entitled to anything?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 January 2018 at 11:38AM
    If they were entitled, they would still be entitled.
    If they were "robbed", they will still be entitled and the executor could be prosecuted for misappropriating funds.

    You need to find out who did it all ... and what was supposed to happen .... and what did happen.

    Then you will know if they have the money waiting for you, or if there was nothing coming your way ... or if you were "robbed".
  • seashore22
    seashore22 Posts: 1,443 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 1 October 2017 at 5:50PM
    I think the son is the father of the op's children and has died. I don't think he is around to inherit anything.

    Not sure of the timescales though - who died before who.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,761 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The father of the boys died 3 years ago, the grandfather 18 months ago (as per OP's 1st post)
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • dawnyp72
    dawnyp72 Posts: 57 Forumite
    Seventh Anniversary 10 Posts
    Yes that’s right. His son (my boys Dad) passed away 3 years ago.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Yorkshireman99 wrote: »
    Wrong! The attorney, assuming it was a LPOA or EPOA is specificly not allowed to deal in this way. They can only tack action that benifits the donor of the POA.
    seashore22 wrote: »
    Exactly. There are very strict rules about what someone with POA for a relative can do do. Putting property in their own name is NOT one of the things that are ok to do. Before or after death.

    there is a big difference between what the law says you can do and what you can do.

    There is no statutory oversight Of LPA
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