LPA & Executor Concerns

tacpot12

FIL trusted SIL enough to give her POA and make her executor of his will. He didn't ask any other members of the family to act in these roles.

Is it possible that the SIL was not misusing the money while FIL was alive?

If so, the SIL has been looking after FIL's interests (a time-consuming task), and her thanks from the family is suspicion and allegations of wrongdoing! I think if I was the SIL I would be pretty upset and annoyed at the family.

I find the fact that she paid birthday gifts out of her own account a bit odd, but that fact that she paid them at all suggests she was not doing anything wrong, just making the payment from the bank account it was easiest to pay from - she probably has a mobile app for her own bank account, but needed to log onto her FIL's account using a computer and perhaps a Chip & Pin device.

Could the number of new purchases be explained by her income or by her using her credit card or bank loan? Unless you know she has no income and no ability to get credit, I think the more likley explanation is that she bought the items on credit, and without any evidence to the contrary, is it wise to suggest she has stolen the money?

Yorkshireman99

saintscouple wrote: »

And i guess that's an impossibility in this situation as it's not gone to probate, and the solicitor will only release the will to the executor?

Yes. Legally nobody but the executor has any authority to deal with the estate property.

Malthusian

SevenOfNine wrote: »

So this is essentially about £1200?

No, it's about £1,000. As I understand it, the attorney SIL is one of the six so £200 of that would have gone to her anyway along with the residual. [/pedantry]

Never mind solicitors' fees, nobody's time is worth so little that they should buy themselves hours of stress and grief over £200 that is probably already gone.

Keep_pedalling

It is pointless going any further with this unless you can uncover a later will. Even if she was abusing the POA, that abuse has not effected any beneficiaries as she was the only one.

There must have been a reason your FIL chose to appoint her as his attorney and executor and not any of his other children, but that part of the story we are not getting.

saintscouple

Thank you all - emotions are still very raw, and I appreciate all your advice.