LPA & Executor Concerns
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saintscouple
Posts: 4,319 Forumite
Just want to ask if we have any options open to us in the situation we find ourselves in -
Father in-law had dementia and gave my sister in-law power of attorney.
As time passed concerns appeared on the way that my father in-laws money was being handled i.e birthday money transferred from the sister in-laws account and not his, cash being handed over meant from him but drawn from her bank account. And when confronted the reply was 'I just transfer back what he owes me'. Things like this increased, and when the other siblings got together and started discussing it a pattern of suspected misuse was appearing.
Unfortunately my father in-law passed away before we reported this to the OPG so there was nothing they could do.
The sister in-law is also executor of the will, and at the funeral presented one of her other sisters with a photocopy of the will dated 5 years ago, stating all inheritance was to go to her (the lpa & executor) This raised further concerns as the father in-law stipulated when he was in good health just 4 years ago that he was going to change his will so that all 6 children were to receive a value of £200 each, and that he wanted to add another sister as joint executor.
The estate has little value, and would not have gone to probate.
The executor has also told a sibling that there was only £2,000 left in his account and that is to cover funeral costs. Even though he had taken out 2 funeral plans which would have covered this cost.
He had 2 private pensions coming in to his bank account, totalling over £2,000 per month and for the last 3 years lived in a nursing home (Correction - it was an NHS care home) which cost him very little, less than where he was living prior, and where he would save aprox £800 a month.
Thus alarm bells are truly ringing as to why there is only £2,000 in his account, where has all his money been spent. Obvious signs are there, the LPA in recent years has suddenly been taking 2 holidays abroad a year, new carpets, sofas, appliances, etc
I don't mean for this to come across as sour grapes, just would like to know if there any options open to the family to find out what has been going on, from the management of his finances by the LPA to the correct execution of his will - if indeed she is acting on the last will, or a previous version.
Thank you
Father in-law had dementia and gave my sister in-law power of attorney.
As time passed concerns appeared on the way that my father in-laws money was being handled i.e birthday money transferred from the sister in-laws account and not his, cash being handed over meant from him but drawn from her bank account. And when confronted the reply was 'I just transfer back what he owes me'. Things like this increased, and when the other siblings got together and started discussing it a pattern of suspected misuse was appearing.
Unfortunately my father in-law passed away before we reported this to the OPG so there was nothing they could do.
The sister in-law is also executor of the will, and at the funeral presented one of her other sisters with a photocopy of the will dated 5 years ago, stating all inheritance was to go to her (the lpa & executor) This raised further concerns as the father in-law stipulated when he was in good health just 4 years ago that he was going to change his will so that all 6 children were to receive a value of £200 each, and that he wanted to add another sister as joint executor.
The estate has little value, and would not have gone to probate.
The executor has also told a sibling that there was only £2,000 left in his account and that is to cover funeral costs. Even though he had taken out 2 funeral plans which would have covered this cost.
He had 2 private pensions coming in to his bank account, totalling over £2,000 per month and for the last 3 years lived in a nursing home (Correction - it was an NHS care home) which cost him very little, less than where he was living prior, and where he would save aprox £800 a month.
Thus alarm bells are truly ringing as to why there is only £2,000 in his account, where has all his money been spent. Obvious signs are there, the LPA in recent years has suddenly been taking 2 holidays abroad a year, new carpets, sofas, appliances, etc
I don't mean for this to come across as sour grapes, just would like to know if there any options open to the family to find out what has been going on, from the management of his finances by the LPA to the correct execution of his will - if indeed she is acting on the last will, or a previous version.
Thank you
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Comments
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He had a will leaving everything to your SiL, who was also named executor, on top of that she also had PoA.
He said 4 years ago he was going to change his will, appoint a second executor & leave £200 each to 6 children.
SiL was to be left everything in the will from 5 years ago, & even in a more recent will you have no evidence was ever written she was still to be left everything bar £1200.
So this is essentially about £1200?Seen it all, done it all, can't remember most of it.0 -
SevenOfNine wrote: »He had a will leaving everything to your SiL, who was also named executor, on top of that she also had PoA.
He said 4 years ago he was going to change his will, appoint a second executor & leave £200 each to 6 children.
SiL was to be left everything in the will from 5 years ago, & even in a more recent will you have no evidence was ever written she was still to be left everything bar £1200.
So this is essentially about £1200?
And the way in which his financial affairs were managed by the SiL when she was PoA, questioning potentially £££'s of monies misused.
I'm asking on behalf of other siblings.
Thank you0 -
saintscouple wrote: »He had 2 private pensions coming in to his bank account, totalling over £2,000 per month and for the last 3 years lived in a nursing home which cost him very little, less than where he was living prior, and where he would save aprox £800 a month.
£2000 a month won't cover nursing home fees.2021 GC £1365.71/ £24000 -
I would drop it, legal fees even to get an opinion on whether you have a case, could be £250 per hour.0
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BrassicWoman wrote: ȣ2000 a month won't cover nursing home fees.
Sorry, I got that wrong, it was an NHS care home.0 -
saintscouple wrote: »Sorry, I got that wrong, it was an NHS care home.
Care home fees presumably covered by the local authority then? In which case the finances of FiL would have been closely scrutinised, any 'shenanigans' by SiL are unlikely to have gone unnoticed.
Are you sure some of the funds you think SiL misappropriated weren't what the LA deemed to be FiL's contribution towards the fees? Can't recall how much he would have been allowed to keep (£16K??).
Morally SiL may have abused the PoA financially (my BiL did the same), but it sounds like she spent in advance what she was going to inherit anyway, apart from the £1200.
As Tom99 has said, solicitors fees to ask questions may start getting expensive in relation to the sum involved. Do you feel you have any decent evidence to go on?Seen it all, done it all, can't remember most of it.0 -
SevenOfNine wrote: »Care home fees presumably covered by the local authority then? In which case the finances of FiL would have been closely scrutinised, any 'shenanigans' by SiL are unlikely to have gone unnoticed.
Are you sure some of the funds you think SiL misappropriated weren't what the LA deemed to be FiL's contribution towards the fees? Can't recall how much he would have been allowed to keep (£16K??).
Morally SiL may have abused the PoA financially (my BiL did the same), but it sounds like she spent in advance what she was going to inherit anyway, apart from the £1200.
As Tom99 has said, solicitors fees to ask questions may start getting expensive in relation to the sum involved. Do you feel you have any decent evidence to go on?
Siblings were asking SiL for bank statements, to satisfy their curiosity - but she constantly refused and had all mail redirected to her home address. When FiL was in good health, SiL would constantly borrow money from him, but not pay anything back. Siblings are 100% sure evidence is in the statements of misuse but have no way to obtain them.
We/They are not aware of what contribution FiL would have had to make to the care home - He did have an email address we had access to, which received notifications from the bank on things like direct debit set-ups as there was a couple from when he wasn't at the care home i.e meals-on-wheels, but no direct debit notification was received from the care home.
What has enraged the siblings just as much, is the fact the SiL up to the day of the funeral was saying to the siblings the £200 a piece was in the will, yet the copy of the will provided after the funeral showed no mention of it. It was a photocopied will with signs of age, something she must have had for sometime and more likely a copy she had when the will was made back in 2013 - so she knew back then.
I am sure it is misuse of his funds and abuse of her PoA duties, but as you say, it is now realised she was just advancing on her inheritance - But the siblings do question if the copy of the will provided is indeed his last will, and not a previous copy. Is there anyway to verify the copy they have is his last will?
Thank you0 -
No, you can only verify it was not by finding a later one.saintscouple wrote: »Is there anyway to verify the copy they have is his last will?
Thank you0 -
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In view of the small amounts involved,I would drop it.
Solicitors fees would eat up a couple of thousand easily if you start challenging the will / LPA.
It must be difficult to accept but proving anything will be costly.
Life isn't fair...move on.0
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