Rolling my mum’s death, I don’t trust my sister

SeanSlow
SeanSlow Posts: 4 Newbie
edited 19 May 2019 at 12:27PM in Deaths, funerals & probate
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  • MovingForwards
    MovingForwards Posts: 16,919 Forumite
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    Who is the executor of your mom's will?
    Mortgage started 2020, aiming to clear it in 2026.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    SeanSlow wrote: »
    What can I do toascertain the balances for all my mum financial accounts when she went into hospital and determine if my sister has been extracting money from these accounts for personal gain.
    If you have joint POA you can examine your mother's bank statements to see what monies have been withdrawn but,unless your Mother's debit or credit cards were used for purchases, I can't see how you could find out where any cash withdrawals were spent.
    If you never enacted the POA, then there is very little you can do.


    What are you hoping to achieve by this investigation anyhow? Your mother's remaining estate will go to the beneficiaries of her will..
  • Both myself and sister are executors.
  • elsien
    elsien Posts: 32,728 Forumite
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    I'm sorry for your loss.

    With regards to the power of attorney, if it was in place (did you sign anything to agree to it?) that ended with mum's death. The time to check whether your mum was being exploited was when she was still alive - your chances of getting anyone to look at that now are minimal.

    And it is possible that mum understood and agreed to the payments - she didn't have to agree to your sister having access to her account, she could have given the money to her another way.
    I'm sorry, but I think that boat has now sailed.

    If you are joint executors of the will and your sister is doing nothing, then you can take charge, contact the bank, sort out probate etc. Do you have a copy of the death certificate?
    How do you know you are joint executors if the will hasn't been viewed? Where is it at the moment and have you seen it yourself?
    If your sister is still helping herself and she is a beneficiary then that would come from her share of the estate. First step is to check for yourself that the accounts are frozen.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Elsien, thanks for the reply. I have a copy of the Will, with the original still with the solicitor. Unfortunately I don’t have a copy of the death certificate.
  • MovingForwards
    MovingForwards Posts: 16,919 Forumite
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    So get a copy of the death certificate and start the process of notifying banks etc, gathering up figures, requesting copy statements etc
    Mortgage started 2020, aiming to clear it in 2026.
  • elsien
    elsien Posts: 32,728 Forumite
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    I think you need the original will to apply for probate which needs the death certificate.
    I think I'd start by contacting the solicitor holding the will to check what you need to do, and contact the registry office to see what you need to do to get a certified copy or whatever you need to take things forwards.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • SeanSlow
    SeanSlow Posts: 4 Newbie
    edited 13 May 2019 at 9:13PM
    Thanks all. With your input I now have some avenues to take this forward. Regards.
  • LinBWales
    LinBWales Posts: 41 Forumite
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    My brother pretty much moved in with my mum when she was in her 80s and he was in his 50s, after my dad died. I found out after she died that they had taken an equity release loan on the flat and given him the cash in 2009 and then she was giving him £300 per month when he ran through that amount, from her small pension. She did this of her own free will. I found out because as an executor you are entitled to ask for copies of bank statements going back years and I could see all the money that had been transferred to his account. You could have done this when she was alive and you had POA, but POA stops when the person dies. However as executor you can see any transactions that happened while she was in hospital or since her death. If you doubt your sister is telling you the truth you should also contact banks yourself to let them know she has died. Most of the major banks have a bereavement help line.
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