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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi. My wifes father (89) is now in a care home, and paying

Customer Question

Hi.
My wifes father (89) is now in a care home, and paying for his own care, however since going in there my wifes mother(81) has found in their maritial home, evidence to support that father has almost £100,000 in various accounts, all in his own name, there is a will and it does not state that his money should be used for anything at all in particular, does mum have any claim to any of this money.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am not entirely sure what your question is - could you clarify that for me please
Clare
Customer: replied 2 years ago.

Hi Clare.

Quite simply, father in law has been put into a care home with dementia, and he is self funding this, whilst at home on her own, mother in law has gone through all his belongings sorting things out, and discovered that father in law has several different accounts in his own name totalling around £100,000, she is quite angry that he has sat on all this money without her knowledge(married 60 years), but the question is this.

Though she understands that some of this money should be used for his care, does she have a lawfull claim to any of it as his wife?, at present the daughters have POA over fathers finances and are simply using the money to finance his weekly care.

There is a will and it does not stipulate that any monies should be used for his care.

there is no in fighting over anything, its just a simply question can Mum claim half of dads money that is not in joint accounts,

kind regards.

Martin

Expert:  Clare replied 2 years ago.
Hi
No I am afraid not - unless she decides to issue divorce proceedings.
As Attorneys the daughters are under a legal duty to use their father's funds for his care.
They can of course choose to use assets held in his sole name first - leaving any funds in joint accounts available to his wife.
Those funds can also be used to fund house repairs etc.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare thanks for your reply, just to confirm then my wife and her sister,who are the two attorneys for their dad, are to continue using his money to fund his care and mum cannot claim(without divorce proceedings) any part of the cash that is in any account that father has in his sole name, if that's true then there are no winners except the local authority, mum simply wanted to spread some of it amongst the family.

If the old fella knew it was to end this way he might not have been so bloody tight over the years,lol.

Thanks anyway.

Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid that that is correct - although they can also use the assets to fund repairs and maintenance of the property - and as I said they can use the sole funds first
Clare