2 siblings to inherited their mums estate

elsien

Windy16641664 said:

The elder sister has POA, the brother was not interested. The sister looks after her mums financial and organising care for their mum, shopping,  utilities, local authorities, her end of lifecare, unfortunately her brother just pitchs up with his hand out. Bullying his mum and abusive. Family's hay.

Well if the LPA is allowing themselves and the parent they are meant to be protecting to be bullied into handing out money then they are not doing their jpb properly and shouldn't be LPA. If I was aware of that situation (on the limited information given) I would be reporting it as financial abuse. 

Exodi

I'd expect this is a common scenario, at least I've experienced it firsthand.

I'm an executor of my stepfathers will (and a relatively negligible beneficiary - my youngest sisters are currently set to inherit the vast majority of it. There's no drama, I'm in a much better situation. In my opinion he should spend his money enjoying himself or making memories with the girls rather than trying to squirrel away every penny like he currently does, but I digress). 

In any case, my youngest sister will often come up with ideas about driving lessons/car, holidays, etc, funded by an early advance on the inheritance. While my stepfather is not against the idea of it, I warn that if the loan is not strictly formalised it could lead to any advance effectively being at the expense of my other sister.

I'm already wary that my youngest sister owes him at least several thousand pounds with no motivation to ever pay it back, and I can already foresee (like the OP's situation) it is unlikely I will be able to recognise this debt when in the unfortunate position of administering the estate.

Plus it kind of rubs me up the wrong way when people spend inheritances in their mind while the testator is still alive...

Sea_Shell

silvercar said:

Also, the sibling receiving regular amounts may claim financial dependence and argue for a larger share of the estate.

For small estates, could that actually be for (effectively) the whole estate, if the financial support over many years has accounted for a substantial reduction in the potential estate.

Eg the deceased had been making large regular payments, so the net estate (after costs) ends up being only, say, 10 x the monthly gift.

frayedknot

All the more reason to stop the handouts immediately. If the sister has control of all financial affairs, even down to shopping, why does the mother need to have access to substantial amounts of cash?