Txs so much for reply...It all depends, if your aunt dies intestate or if she leaves a will and if her sister who co-owned the house and who pre-deceased her died intestate or if she left a will or if either of the aunts was married with a surviving spouse or surviving children.
I absolutely agree.Sounds like you really need to seek some proper advice...
But on what basis? As the great-aunt / aunt is still living, her will, if there is one is irrelevant. The allegation is there may be some questionable behaviour between siblings, one of whom appears to have been granted a power of attorney over another.... Why dont you go an see an inheritance lawyer about it and get some general advice which should help you to decide whether to take the matter further.
Sounds like you really need to seek some proper advice. i dont know much about a power of attorney but if they are spending her money freely, it must be a pretty powerful document. You should do something about it before it's too late. Why dont you go an see an inheritance lawyer about it and get some general advice which should help you to decide whether to take the matter further.
I absolutely agree.
But on what basis? As the great-aunt / aunt is still living, her will, if there is one is irrelevant. The allegation is there may be some questionable behaviour between siblings, one of whom appears to have been granted a power of attorney over another.
If there is to be a challenge, then the power of attorney may need challenging, but thats not an issue for an "inheritance lawyer", if such a beast is to be found.
Sad as it seems, and without arguing the right or wrongs of the challenge, any challenge to or investigation of the power of attorney is likely to be protracted, divisive, expensive and the outcomes may seem unsatisfactory.
(I am not a lawyer).
Isn't it also possible that the aunt in the care home intended the money to go to those with power of attorney? Shy may have no need for the money anymore.
No - I didn't say that, please refer to my wording. In relation to getting advice I saidTxs for your reply. So basically, are you saying - its not worth the effort because any 'investigation would be very expensive?..
and my sentence that included the word "expensive" wasI absolutely agree...
... Sad as it seems, and without arguing the right or wrongs of the challenge, any challenge to or investigation of the power of attorney is likely to be protracted, divisive, expensive and the outcomes may seem unsatisfactory...
Of course you are, as would any moral person in similar circumstances... I'm struggling with it morally tbh...
In the context of a will, an executor is the person (or people as there may be more than one) who is / are explicitly named in a will and charged with the responsibility of executing the wishes expressed in the will of the deceased person.... As an aside - to be granted executor - whats the process - would the living aunts solicitor be 'partly' executor ? (that is not worded correctly sorry)..
... But if theres a will saying all, on her death, will be split three ways i.e. between the person holding power of attorney/executor/my mum who has passed away - who now is entitled ?.. As my mum is seemingly on the will - does that mean being her daughter I am entitled?. I just want to do the right thing firstly by my mum and her living aunt.
And that said, if I am entitled - the other two who have direct access to her funds are already taking money out of her estate - so in that case, do I have a right legally to tell them to stop?
... As the great-aunt / aunt is still living, her will, if there is one is irrelevant...
Is possible. The power of attorney was not granted/organised by the living aunt - it was organised by the holder of the power of attorney as the living aunt was deemed not to be fit to look after her affairs.
But if theres a will saying all, on her death, will be split three ways i.e. between the person holding power of attorney/executor/my mum who has passed away - who now is entitled ?.. As my mum is seemingly on the will - does that mean being her daughter I am entitled?. I just want to do the right thing firstly by my mum and her living aunt.
And that said, if I am entitled - the other two who have direct access to her funds are already taking money out of her estate - so in that case, do I have a right legally to tell them to stop?
You need to establish whether your great aunt has executed an enduring power of attorney giving your uncle and aunt power to deal with her assets. As padraigb says their use of assets should only be done with approval of the courts. If not, have they had her made a ward of court and are they her committee? If neither of these then they should have no access to her funds or house. You could apply yourself to have her made a ward of court and have yourself appointed a committee. Her will, if any, is irrelevant until she dies.
I have recently discussed setting up a power of attorney for a living person - "just in case". Having read the "standard" sample documents it appeared to give the person appointed an awful lot of power with limited restrictions. In other words if your aunt is well cared for in the home, you may have a major battle on your hands to fight this. They can certainly sell the house, but if she is a "ward of court" you could certainly force them to prove they have provided sufficent funds for her future well-being. However they could simply move into your aunts house to "take care of it" and sell their own house.
You do have another problem you need to consider. Given your mother is now deceased you have no inheritance rights to monies left to her in your great aunts will (when she eventually dies) unless it explicitly states that the inheritance should pass to your mothers children in the event of your mothers death. My understanding is that any assets left to a deceased beneficiary will simply be divided amongst the other named beneficiaries.
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