Inheritance theft, EPOA

GoldWings

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Hi.
I have 5 siblings, all aged 50 plus. Relationships are not great and eldest sibling is quite the del boy.

Father is 84. He initiated enduring power of attorney 6 years ago with me appointed. Before he went to the solicitor to initiate this, I asked him if we could include another sibling as attorney, which he did and that's fine. This other sibling is fair and I feel safer with two of us.

Before my father initiated enduring power of attorney, my father told us all that he made a will, appointed me as executive, to divide everything except the house, which he is leaving to me.
The house is ex council, hasn't been improved in quite some years and I would guess it's worth about 60k. He said he was leaving it to me so I would have a place to come and visit when he's gone (I'm out of my home town 28 years and religiously visit and stay with him every 2 to 3 weekends). (Mother died 19 yrs ago).

There's been a lot of jealousy about this. Eldest brother has said he is going to contest the will. Estate worth about 250k. I'm the only one that knows this as dad has shared with me when he knew his memory was fading. He told me what was where. I'm glad he did otherwise I wouldn't have known.

Regarding the EPOA, my father has been seen by a GP, deemed non compis mentis and he has been served with the papers. The notified parties (2 siblings) will get their papers in the coming days. I understand they will not object.

There has been a lot of drama over the years - WhatsApps, emails and so on about e.g. eldest brother coming over drinking with my father and getting him into a state that he wouldn't ordinarily get in to. My eldest brother shares the same name as my father, on paper. During Covid, when I couldn't come to visit, our sister just about mentioned, last minute, that a) eldest brother decided to collect pension for dad, but wasn't transparent about it. b) seemed to get interested in dad's money affairs, as there's only a credit union book in the house. We think he may have been curious as to where dad was keeping his money ... he then reported dad's post office book stolen (I had it, was given it by dad for safe keeping). Luckily sister mentioned it and other brother able to intercept it, cancel it and sort that out.

That aside, as EPOA is in progress, I and another brother tried to take an inventory of items in the house and found that anything of value is gone. It was a big surprise. Mam's jewellery, items dad acquired from safe working (a beautiful clock, some gold medals with diamonds) etc. There wasn't a lot there in the first place, but I guess about 5k worth of items that could have been shared out nicely as momentoes.

It seems my sister acquired mam's wedding and her eternity ring. Dad has no recollection. And she didn't tell anyone that this was happening at the time. He, out of the blue one day about 18 months ago, offered me the eternity ring, but I said no, thinking to do this fairly at the appropriate time, and I was also taking into account his cognitive decline. I reckon this was on his mind as he must have recently given it to my sister.
I am pretty sure all other items have been removed by eldest brother. I think it's highly likely for various reasons. He lives across the road. Some of the items were from dad's workplace (brother has an obsession about this - known to others, but he doesn't realise it himself). Again, dad has no idea what happened the items. Personally I feel it's a form of elderly abuse to do this. I might also add, at one point this eldest brother has changed the locks on the doors. Swapped them out with his. You couldn't make it up. I rectified this.

As I said, it's not worth a lot but there works have been some nice things to give to others as momentoes and they are all gone.

What can I do, what should I do. Should I seek advice, or just let it go. I have my memories with mam and with dad. I've told the brother that's going to be attorney (EPOA) with me. He's very disappointed but not surprised.
 
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What can I do, what should I do. Should I seek advice, or just let it go.
About what specifically?
There's an awful lot in your post so it's not really clear what you're referring to.

Perhaps this is relevant, but obviously reporting any alleged thefts or financial abuse will almost certainly lead to even more animosity and conflict in the family and - arguably more importantly - might cause stress for your father.
 
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What can should I do about the removal of the items from the house, without the disclosure to others.

What are my options.
Do nothing
Do something now
Do something before the will is read
Do something after the will is read

Anyone any experience or advice to give, it's welcomed
 
I would consider:
  1. Asking the siblings if they took property belonging to your father and to return it if they did
  2. Consider reporting any alleged thefts as per the link that I posted
As POA you presumably want to (and have a responsibility to!) protect your father and his assets but dealing with this while avoiding conflict that might impinge on your father in his vulnerable state could be difficult.
 
Focus on what is important right now and thats your Dad, his health, safety and welfare are your no. 1 responsibility. The rest is just stuff.

Your father's will is not relevant at this time; he is still alive (thankfully).

Is your Dad still living at home or has he moved to residential care?
 
  1. Consider reporting any alleged thefts as per the link that I posted
There is not a hope of a positive outcome from this. You probably don't have details, photos, or receipts of the items. Whichever sibling has the items will just claim that they were gifted them by your father. Guards will have zero interest in getting involved in a family dispute like this. Focus on looking after your father and try to forget the missing items.


Your brother will inherit about €40k=~(€250k-€60k)/5. Even if he contests the will and is successful it will only make him €12k=€60k/5 which will hardly cover legal fees. So he is probably bluffing here. Cross that bridge when you come to it. No one can steal a house.
 
No one can steal a house.
They can - and seemingly have - changed the locks though.
And possibly pocketed the pension (although that's not clear).
Focus on what is important right now and thats your Dad, his health, safety and welfare are your no. 1 responsibility. The rest is just stuff.
Financial abuse of an elder is not a trivial matter that can simply be ignored - especially by somebody holding POA.
It's not "just stuff". :confused:
 
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Prevention is the best cure imo. Take anything that you feel may be of worth to the family out of the house now and store somewhere. To be fair, this is not uncommon in families. I think you should just accept that some siblings want stuff from the house for all sorts of different reasons. It's very little apart from nostalgia in the greater scheme of things. You need to make sure that you father's pension is not being touched but that may not be an issue here.
 
Thank you for the comments. I'm torn. Dad is number 1 priority for sure. He's still at home per his wishes and I'm setting up carers to call on him and ensure he's ok.

I've no evidence at all, apart from the items are gone, and that would be the problem with reporting items.

It's very sad, I know it happens and worse, but it's terrible it's going this way. Mam wouldn't have wanted this and dad either - his short term memory is bad.

Yes I'll secure everything else surely, especially with the EPOA in progress at the moment I'll be able to do that.

I think it's probably best to leave it, but it's hard to swallow.
 
There is not a hope of a positive outcome from this. You probably don't have details, photos, or receipts of the items. Whichever sibling has the items will just claim that they were gifted them by your father. Guards will have zero interest in getting involved in a family dispute like this. Focus on looking after your father and try to forget the missing items.


Your brother will inherit about €40k=~(€250k-€60k)/5. Even if he contests the will and is successful it will only make him €12k=€60k/5 which will hardly cover legal fees. So he is probably bluffing here. Cross that bridge when you come to it. No one can steal a house.
This eldest brother feels that the house should be his solely. .. I don't know how all this would play out. Would the other 'children' need of us need to get a solicitor between us or I guess it depends what element of the will he has a dispute with (I haven't seen it - must actually check it is there, other items were taken from the press where my dad said it was...)
I also don't know what the costs could possibly be. He hasn't been excluded from the will - I think he feels entitled (for no apparent reason) to the house.
 
Well the will is of academic interest as long as your father is alive so no point in worrying about that right now in my opinion.
You need to focus on keeping your father and his possessions safe right now and stop others taking stuff or maybe trying to move into the house in order to assert some sort of rights over and above those of the other siblings or what the will says.
 
He hasn't been excluded from the will
As far as I know he would have to demonstrate that he had not been adequately provided for:

If you (the child) have not been adequately provided for​

If a child (either minor or adult) believes they have not been adequately provided for in their parent’s will, they can make an application to the court. The court will decide if the parent has "failed in his moral duty to make proper provision for the child in accordance with his means".

Each case is decided on its merits and the court looks at the situation from the point of view of a "prudent and just" parent. Anyone considering challenging a will on these grounds should get legal opinion before applying to the court.

I don't know how courts treat this in general but as it stands he would get 16% of the estate and a completely equal division would be 20%.
 
What can should I do about the removal of the items from the house, without the disclosure to others.

What are my options.
Do nothing
Do something now
Do something before the will is read
Do something after the will is read

Anyone any experience or advice to give, it's welcomed
Is there a possibility that he or other siblings will accuse you of stealing the items in question?
 
Financial abuse of an elder is not a trivial matter that can simply be ignored - especially by somebody holding POA.
It's not "just stuff".
The pension issue was resolved; the registration of EPOA will ensure that the financial abuse by a non-authorised person can't happen.

Missing household items might be upsetting to the OP; but at the end of the day it is just stuff.

What is important now is making the best of the time that is left.
 
The OPs questions are in relation to items being removed from the house not the pension issue which they say was prevented by another sibling.
They don't say that.
They say that the report of the missing post office book was cancelled.
The status of the pension is not clear from the original post.
 
Yes, and there's nothing to say that removal of stuff like the pension and post office book etc. is no longer a concern.
 
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