After distanced family bereavement

BetterCallClem

My wife and I live about 100 miles from both sets of parents.

My wife has a brother (to her parents) but he is extremely unreliable, unhelpful and very selfish.

Her mother has recently passed away after very quickly after rapid aggressive cancers.

Her mother was caring for her dad (both in mid to late 70's) who is now housebound (never got strength or mobility back and had walk with a frame and can't stand long) after blood cancer but is still receiving treatment for prostste cancer.

My wife is trying to do all the organising and making frequent trips, please can anyone advise if as her dad is housebound (have already spoken to age concern and social services about carers but haven't yet claimed attendance allowance) 

housebound visits from bank to give/show death vertigo release monies for funeral and change account into his name (wasn't joint)

housebound visits to make a will and POA for financial and medical

The additional complexity and urgency is that he isn't their biological dad and never adopted so from my brief understanding after he passed any estate will go to his nearest relative or the gov.  Which he first want he also wants an equal split between my wife and her brother (he said he's had his money already)

my wife isn't fussed about money but if dad wants to do an unequal split she wants it documented as brother will say she's a Monty grabber.

Sorry for very long post

elsien

The way to have it documented is for him to simply make an updated will. He can leave an explanation with it explaining the uneven split if he wants to do so, but unless your brother is financially dependent on him, he would have no grounds for challenging.

Verbal wishes count for nothing after someone has passed and if there’s no will it will follow the intestacy rules.

Or are you talking about the mother’s estate? It’s a bit hard to tell from your post.

Flugelhorn

So you say  "housebound visits to make a will and POA for financial and medical" - presume he made wishes clear re the split in the will?

FlorayG

Its honestly not at all clear what you are asking

p00hsticks

I'm sorry for your wife's loss.
The key information you haven't given us (or I am missing) is whether her mother left a will or not and if so who is the executor and who are the beneficiaries ? If she didn;t how much is her estate likely to be worth ?

Picking up on a couple of your points

BetterCallClem said:

housebound visits from bank to give/show death vertigo release monies for funeral and change account into his name (wasn't joint)

As it wasn't a joint account you'd need to demonstrate to the bank that he is entitled to the money. Depending on the amount the bank might want to see probate, or they may be happy with sight of the will and / or the husband signing a piece of paper (perhaps with a solicitor) to confirm that he is entitled to the money I think you'd struggle to get someone from the bank to come out to the house though. You need to talk to the dedicated bereavment department for the bank to see what they suggest.

 href="https://forums.moneysavingexpert.com/profile/BetterCallClem">BetterCallClem said:

housebound visits to make a will and POA for financial and medical

Most solicitors will be happy to do this - they are used to it. It would take two or three visits - one to find out what is needed, another to review the draft documents they prepare and a third to sign the final version. Getting the will done will solve the 'additional complexity and urgency'.

BetterCallClem

Sorry if not clear.  Thanks for the help and let me know if need more info.

no will from mum or dad.  Married so estate will automatically pass to dad after probate I believe.

we need to put a will and POA in place and get bank to release funds for funeral and to close mums account or transfer to dad.  Brother doesn't know and won't be happy

as home bound I just wondered if sols or banks could come to house.

BetterCallClem

They both have/had about 25k individually in individual isa's 

BetterCallClem

Am I right in thinking (I don't know about the rules) that as not biological father and no adoption that without a will it will pass to any other distant biological relatives he may have?

elsien

With regards to the funeral, the funeral director can present the invoice directly to the bank if there are delays in having funds released. 

Otherwise Intestacy - who inherits if someone dies without a will? - GOV.UK

Or a summary version here if you are not in Scotland.
 What are the intestacy rules in England and Wales? | The Gazette

You are correct in thinking that if step children have not been adopted there are no rights to inheritance. 
Solicitors will come to the house.

For the power of attorney and working on the basis that he has capacity, while you are waiting for a full power of attorney to go through he could make a general/ordinary power of attorney for you to use to deal with the bank for him on a temporary basis. There is no specific form but the wording needs to be right.

Everything You Need to Know About Ordinary Power of Attorney

Never used one myself so I don't know how familiar banks would be with them. 

p00hsticks

BetterCallClem said:

no will from mum or dad.  Married so estate will automatically pass to dad after probate I believe.

Not necessarily - it will depend on the size of her estate - if large ,some may go to the children. You can follow the intestacy rules here. https://www.gov.uk/inherits-someone-dies-without-will With no will (and therefore no named executor) someone will need to apply for a grant of administration if the estate requires it (it depends on what the estate consists of in the way of property, stocks and shares and savings over the limits imposed by the particular financial institutions involved. 

BetterCallClem said:

as home bound I just wondered if sols or banks could come to house.

As per my previous post - solicitors will certainly be able and happy to, not so confident about banks.

BetterCallClem

Estate is around 25k no property 

they were both retired can get dad still get her mums pension?