Help! Is my mum still eligible for inheritance?

Mob1985

Hi, trying to keep a long story short. So my Nan is in a care home and my mum has been managing everything for her. She isn’t power of attorney or anything like that but goes to the bank and withdraws money to make payments on my nans behalf. My mum has two brothers who haven’t been involved in 15+ years and a sister who is involved but lives a good distance away. When my mum was younger she was adopted by her grand parents (my nans parents). My mum has been told she was eligible for carer’s allowance but has never taken money out. So what she wanted to know is when the day comes when my Nan is no longer with us would she be entitled to the equal amount as her siblings? Or because she was adopted would she not be entitled to anything because she was adopted? Any information would be much appreciated!

naedanger

Was your mother a biological daugher of your Nan but adopted by your Nan's parents? If so are her brothers and sister biological children of your Nan, and if so were they also adopted by your Nan's grand parents?

If they were all biological children of your Nan, but only your mother was adopted by your Nan's parents then unfortunately unless there is a will I do not believe she will inherit anything.

comeandgo

Is there a will?

Torry_Quine

Unless specifically mentioned in a will then she wouldn't inherit as a child.
Also she shouldn't be accessing the bank account

bouicca21

Was she formally adopted or just went to live with them?  If formally adopted then she is no longer legally the daughter of her biological mother.  If it was just an arrangement within the family then her biological mother is still her legal mother.

A will would make life a lot simpler.

Voyager2002

Take-home message: if your Nan has any property worth worrying about then she should make a will. Then the inheritance will be precisely what the will says.

And a proper Power of Attorney now could well save enormous problems and expense later on.

wilfred30

Torry_Quine said:

Unless specifically mentioned in a will then she wouldn't inherit as a child.
Also she shouldn't be accessing the bank account

I agree with that.  Unless she has a paper trail detailing exactly what she spent the money on to prove that it was on your nan's behalf.  Otherwise, she may have problems with her brothers/sister when the time comes.

xylophone

Does your grandmother have capacity to grant your mother Power of Attorney and to make a will?

Marcon

Mob1985 said:

Hi, trying to keep a long story short. So my Nan is in a care home and my mum has been managing everything for her. She isn’t power of attorney or anything like that but goes to the bank and withdraws money to make payments on my nans behalf. My mum has two brothers who haven’t been involved in 15+ years and a sister who is involved but lives a good distance away. When my mum was younger she was adopted by her grand parents (my nans parents). My mum has been told she was eligible for carer’s allowance but has never taken money out. So what she wanted to know is when the day comes when my Nan is no longer with us would she be entitled to the equal amount as her siblings? Or because she was adopted would she not be entitled to anything because she was adopted? Any information would be much appreciated!

Who told her this and why hasn't she pursued it? The money wouldn't come out of your Nan's bank account but be claimed as a benefit.

Malthusian

Torry_Quine said:

Unless specifically mentioned in a will then she wouldn't inherit as a child.
Also she shouldn't be accessing the bank account

She may have a third party mandate. I'm erring on the side of being charitable, but "goes to the bank and withdraws money" suggests to me that the bank are fully aware. If she went to an ATM with her mother's card and her PIN, that would be different.

Mojisola

Mob1985 said:

So my Nan is in a care home and my mum has been managing everything for her.

My mum has been told she was eligible for carer’s allowance but has never taken money out.

That seems unlikely as she would have to be providing at least 35 hours of care a week.

With Nan in a care home, aren't they doing all the regular caring?