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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi. My Mother recently passed on. I think my older Sister and

Resolved Question:

Hi. My Mother recently passed on. I think my older Sister and Brother had some form of POA. What rights do I have and can I ask (demand) to see the POA of my Brother/Sister? regarding any estate or items left at my Mum's rented flat (I don't think there is much in terms of value) what rights do I have. Lastly my Aunt who was my Mum's only blood relation other than us died in Greece last year and I was not told. Can I claim, that this is not looking after my Mum's interests as I know she would have wanted me and my wife to know. We looked after my Mum for 18 months from Feb 2009.
Many thanks, John
Submitted: 4 years ago.
Category: Family Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Please accept my sympathies.

Josh-2010 :

Do you know if your mother left a will please?

Customer:

Thank you.

Customer:

I do not know if she left a will and i am not sure that i would be told

Josh-2010 :

Thanks. Are you able to contact your siblings to ask them about a will?

Customer:

There is a real problem with this in that they have not told me important things such as my close Aunt's death in Athens in March 2012 and I am getting advice from a Greek solicitor on this - my Aunt's position. I am not sure what can be asked of my siblings - particularly sister. Our relationship has broken down and I no that neither my Mother nor Aunt would have wanted me and my wife to be treated this way. With some of my Mum's things (personal items) my sister has just said what I am having and I was handed this in a carrier nag and jiffy bag at my Mums wake, in front of 40 odd people. I have contact in terms of email for all of them and I know their postal address's. I feel it is time to aske at least my sister some specific questions, but i am not certain what are my absolute rights re asking about POA - can I ask them and expect answers on that?

Josh-2010 :

Thanks. Finally did your mother own a property and any significant bank accounts?

Customer:

No and she did have a bank account that in 2009 had perhaps £3000. There is another problem. When my aunt died my Mother was her closest blood relative and under Greek law if my aunt left no will my mum should have inherited everything from her sister. I still don't know? My Aunt did have several properties in Greece.

Josh-2010 :

Thanks. The legal position is that a Power of Attorney ceases to have any authority after someone passes away. Your sister and brother can no longer act under the same.

Josh-2010 :

If you have any concerns about financial abuse by your siblings during your mothers life you can contact the Office of the Public Guardian to report such abuse who will investigate.

Josh-2010 :

If your mother made no will then if she had no spouse on her death, each of her children have an equal right to deal with her affairs and any or all of you can make an application for administration - this is only necessary if her estate is worth over circa £15-20K

Josh-2010 :

Obviously this becomes much more acute if your mother did inherit from your aunt because this may make her estate for more valuable but regardless of this the same following principles apply save that unless her estate is worth more than the above it is unlikely you will need to apply for probate (administration).

Josh-2010 :

The first step is to consider writing to your siblings if you do not wish to discuss the matter with them and ask them to advise whether your mother left a will. Advise that you look forward to their response within 10 days failing which you will be gin your own investigations.

Josh-2010 :

If you receive no information you may consider contacting your mothers bank(s) and advise that you are your mothers child and as you have heard nothing from your siblings propose to act as your mothers administrator and ask them for information about your mothers account(s). On the above basis you are entitled to the same under the Administration of Estates Act. You will need to send them a copy of your mothers death certificate. You can ask them for the balance as at your mothers passing and ask them for a copy of the statutory declaration they require signing in order to close the account.

Josh-2010 :

Consider that if your mother left no will your siblings will be entitled to an equal share of such monies.

Josh-2010 :

If you discover from obtaining further information in respect of Greek succession law that your mother did inherit your aunts property then you will have to make an application to the probate registry for a grant of administration. Subject as above you have a right to make an application for administration as your mothers daughter.

Customer:

Thank you. Your advice is a real help. It is the first time that I have used this method. I have signed up with them for a month on an unlimited offer. Do you know if this means I can use you again under this scheme with related issues? I am very happy with your advice and will click on excellent service if that is what one does.

Josh-2010 :

Thanks. I believe so but with your permission I will ask customer services to confirm on this point to you as I am not familiar to the sites offers.

Josh-2010 :

May I ask them to contact you on this point?

Customer:

Of course.

Josh-2010 :

Thanks. I will ask them to get in touch to confirm.

Josh-2010 :

Is there anything above I can clarify for you?

Customer:

Thank you very much and you have been concise, therefore no.

Josh-2010 :

Many thanks. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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