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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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When my husband, (deceased) was taken into hospital after suffering

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When my husband, (deceased) was taken into hospital after suffering smoke inhalation the wife of his good friend, (also deceased) and with whom Samuel had rented a room a few times. Visited him, she told them he could be discharged into her care.

I at the time was recovering from pneumonia, living in Bexhill I hadn't spoken to Samuel for a while I wasn't too worried because he was living with my daughter. I had been very ill only discharged because my oldest daughter was my carer.

Sam and I separated about 2005, we lived separately in our home until a friend offered me her flat. Once I left home we saw each other almost every day and were best friends ever. We decided to sell the home and Samuel moved in with his said good friend. When he died Samuel wasn't happy and moved into my other daughters, who lived nearby he was extremely fond of her, although she was his step daughter.

My daughter has a son and sometimes Sam and he had differences of opinion and once Sam left and went back to his friend's home, he told me he wasn't happy there for many reasons. I encouraged him to look for somewhere else altogether but close enough to visit my daughter we found a place with Abbeyfield, really nice but he decided to stay with Anne. I had had to move to Bexhill to be looked after by my eldest daughter. I had undergone unsuccessful spinal surgery, and after two operations wanted a second opinion.
While living in London and in close contact with Samuel I noticed that he was showing signs of senility, i.e. he loved to text, all day and every day and he had forgotten how to do it,I spent hours trying to remind him but with no success. I also went with him to any doctors or hospital appointments. His hearing was deteriorating and the Parkinsons Disease was deteriorating too.
So although we were very close it was difficult to keep in daily touch, so when the said woman visited him I can only think that she saw a chance to gain financially from Sam. Neither I or my daughter were contacted and she had herself designated as his next of kin. The fire was at Annes home so she too was unwell. . I still cannot understand why no one contacted me. The manager of the home that it was Sam's wish. I do not, will never believe that, the bond between us was very strong.

I spent almost a year asking social services to give me his contact details, and writing to him care of them. The woman refused to give me his address, and put the phone down. Eventually suddenly without any explanation I was given a contact number by social services, I talked to him and managed to visit him a couple of times. It was heart breaking because I am now reliant on a mobility scooter and travelling to London and back is not a pleasant experience, plus the expense.
Now I that I have to prove I am his next of kin, as his legal wife. The woman has dipped into his bank account ever since she was given his card to supply him with pocket money or to buy items he needed he wasn't able to go out by the time I spoke to him.
Directly Sam died the woman went shopping to the tune of £5000 -£6000. I hadn't even thought of informing the bank or stopping the card. The matter is now in the hands of bank fraud department and the police. However today I was told that all his belongings and possibly the accrued money at the home had been given to the woman. Although they were telling me that I could collect them and that they would send me a cheque. You probably think I'm very callous worrying about these things, but consider -
1. Sam paid his death insurance monthly, from the time she had his card the premium wasn't paid in spite of reminder letters being sent to her address, so the policy lapsed in August 20
2. Because of her lies the last months of is life he had no visitors, he must have thought that everyone had abandoned him. She stole the last months of his life from me, I can never have them back, we talked about him moving to Bexhill but now I had to fight, asking social services for a review of his case, to allow a doctor to decide whether he was fit to be moved etc. I did not know how very ill and close to death he was until the first time I visited him. He was admitted into hospital the next day.
4. The woman told the home manager that I could manage the funeral but that she wanted everything else. The manager decided that it was up to her to make that decision who could have his things, pictures so important to me and the family, nothing to her, keep the money, give me his medals back, he wanted them donated to the war museum.
I told everything to the head office of the home and they promised to sort things out but since then the box and money have disappeared.
Apologise for subjective, lengthy explanation. I need to know am I next of kin now he has left this horrible place. (legally) A solicitor told me that on his death every thing would lapse and I would be his next of kin. I would appreciate this in writing and any advice, plea
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could you kindcly clarify one or two points for me? You mention that you have been told that his monies and belongings may have been given to this woman. May I ask given to her by whom please?

Joshua :

The home manager?

Joshua :

Did your husband make a will to your knowledge?

JACUSTOMER-21krnshh- :

By staff at the home, a carer, I believe I know her name but it is pointless because there is no way I can prove it. That is the box as for the money no one will tell me.

JACUSTOMER-21krnshh- :

Although we were told by another member of staff who we believed was the relief manager, told us that she would write a cheque and post it us on Monday. This did not happen, and so far Celia has not been available to talk to.

Joshua :

Thank you. Did you husband make a will?

JACUSTOMER-21krnshh- :

Another mystery is that I understood a member of the head office staff whom had been nominated to manage the situation, has also evaded me. She promised to call back but never did and now I can't raise her. It's only a couple of days but does seem par for the course and I'm so fed up with them.

Joshua :

Did your husband make a will to your knowledge?

JACUSTOMER-21krnshh- :

Please accept my apologies for delay in replying but I had to be out for most of the day.

JACUSTOMER-21krnshh- :

No will has been found apart from some notes written on an envelope but legal. It only covers one aspect and I believe it is about an insurance for my daughter which if it exists will be honoured if I have any say in the matter. I'm waiting for these papers to arrive in the post.

Joshua :

Thanks. On that basis you have every say in the matter because the provisions of the Administration of Estates act apply and in the absence of a will this makes you your husbands administrator ( equivalent of executor where there is no will)

Joshua :

this means that you have rights to retain information about any matters relating to your husbands affairs and thanks, XXXXX XXXXX and any other individuals or organisations which hold information relating to husband must legally disclose information requested by you just as if your husband will requesting information himself

Joshua :

in addition, the legislation provides that if you have children together, you are entitled to the first £250,000 of your husband's assets and anything over the summer is to be shared between you and your children on terms provided by statute

Joshua :

accordingly, you may consider writing to the care home advising that you act as your husband's personal representative and require the information you have requested within seven days. The care home may be liable to you if they have released your husband's assets to the wrong individual and depending upon the information obtained, you may have a basis to issue proceedings against the care home for loss of any assets as well as against the lady refer to you may have received such assets and to forwarded your husband of money both prior to and after his death. You also may choose to involve the police as I believe you have already done.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Apologies, I had not seen this when I wrote my last message.


 


We did not have children together, Sam treated and was treated by my five children as his step children,


 


This is a very small amount of money in the scheme of things. I have no idea how much money is involved, Samuel had good pensions but I would imagine that he was paying for his care. Because the bank agreed to pay the deposit wanted by the undertakers and despite having seen the estimate paid and amount of about £200 extra I am assuming that is because that is the total balance left in the account..


From what you have told me it would appear that the bank will be obliged to pass details of the account/s to me fairly soon. I have also been told that the bank should repay the money that she spent on a shopping spree after Sam died, and that I should ask for all the money because it was unusual for money to be drawn in that manner. As far as I know she spent £5000 -£6000 after his death.


 


My problem is that I have to find the balance of the undertaker's bill withing 28 days. I shall have to see if I can come to an arrangement with them. I live on state pension and disablement allowance and one other pension from the DHS whom I worked for. In the end it doesn't matter if I get paid any extra as a widow because the I will loose any help I receive.


 


I am trying to edit my message however please forgive errors my sight deteriorates the longer I look at a computer screen. So I will not be on line until tomorrow.


Sincere apologies for misreading the situation and thank you for your answer which is helpful and entirely satisfactory.

Expert:  Joshua replied 3 years ago.
In deed the bank and in deed any other asset holders must deal with you in just the same way as they would have been obliged to do if your husband were asking directly by virtue of s1 Administration of Estates Act which gives you all the same rights as he would have had in relation to control of this affairs.

If your husband had no children of his own then all his assets would pass to you which would also make you the sole beneficiary of his estate.

You are not liable for the undertakers account unless you instructed them. If you did then you will be liable. Undertakers will typically agree to wait for their account to be paid if you tell them you are in the process of administering your husband's affairs.

In respect of the money the lady has spent, you can demand information from his bank and also challenge her on the matter and if necessary involve the police and seek both a prosecution if she has defrauded his account and sue for the return of the money in the county court.
Customer: replied 3 years ago.

Good Morning Joshua


 


I'm afraid that you have pointed out another complication, so although I want to give you your rating if I do it looks as if I will loose contact with you. So briefly if possible can I ask about his own family and children.


 


He had four children, a daughter who passed while an infant. Three sons.


Only one kept any kind of contact with him, they said they had enough to do looking after their mother. I can't understand the eldest son's response because he seemed to love his dad. Sorry I said briefly.


 


For approximately 7yrs I have had no contact with any of them, apparantly, I think from someone at the home, when contacted at the time of his entrance to the home they replied as above. There has been no contact from them. I have no contact details. But they are his family. As you know the amount of money is very small, how should I proceed.


 


Your rating will be excellent, I am very satisfied and grateful for your help and it is just as good as advertised on the web site.


 


Again I have to get ready and go out - I shall be home from late morning for the rest of the day.

Customer: replied 3 years ago.

Hello Joshua

I can't see any answer to my question regarding his children. I was
thinking of calling the care home but have since decided that it would be better to call the contact at head office, perhaps no one has thought about it or consider it is my call. I'm really answering my own question so unless I hear differently from you I shall try to contact the head office
tomorrow morning. Tomorrow is the day of the creation, it is not until 3.45 so I should find time but I've learnt that the unexpected can occur

Expert:  Joshua replied 3 years ago.

My sincere apologies for the delay in responding to you. I regret I was not available over the weekend and I was on a course all of yesterday. I am available all day today save for two short meetings at 9.30 and 4pm. May I continue to assist you with this?

Customer: replied 3 years ago.

I happy to rate you as excellent. When I joined I understood that for a certain time I could ask questions I think for a month covered by the £50 I paid. But it reads that every time I rate you I must pay more.

 

Can this be cleared up because I really cannot afford to pay another fee at the moment. I'm sorry because you have helped me considerably and given me the knowledge I needed to answer these big institutions that give one the impression that if you don't know what you're doing and if they make excuses that one will just give up and go away. So sincere thanks for your information.

 

Glad you had a break you certainly deserve it. Sam's cremation was on Monday and that is the reason that I haven't turned my computer on. I also have a prior commitment Tuesday and again on Thursday that I have to do my best to keep.

 

At present I'm overwhelmed with papers concerning Sam's pensions, disablement grants, and luckily some papers that if current may be death policies. Then this debt for the funeral balance will not be hanging over my head.

 

Sincerely, XXXXX XXXXX XXXXXXX

Expert:  Joshua replied 3 years ago.
Unless you have signed up to a subsription you only pay a one off fee and do not have to rerate unless you want to.

If your husband left no will then as his spouse you are entitled to the first £250K of his money. Based on what you say as his estate does not exceed this you would be entitled to everything and his children nothing.

Is there anything else I can help you with?
Customer: replied 3 years ago.

why am I being charged because I made a mistake and rated Joshua too low. As I've explained more than once I had not read the answer when I gave first rating. So now you are charging me £40 because I wanted to give him a correct rating. I've already been robbed of at least £6000 and when you are living on benefits believe me that is a lot of money.


 


I have received a reminder that I owe the undertakers £2500 approx for the costs of looking after Samuel after his death. The death policy was lapsed by the so called next of kin a Mrs P Holmwood. Please give me the extra £40 back, all I wanted to do was amend my mistake, surely it can't be right to charge me £40 for that.


I feel like it's the final straw, who can I trust, even the people I trusted and promise to help have cheated me. Perhaps you think "what's the fuss, £40 ? why is she worrying about that. I worry about £10 these days.


I am asking again please return the extra £40 you have taken. Have I got have my card details changed to protect myself, surely not . Please reply asap I need to know where I stand.

Expert:  Joshua replied 3 years ago.
Hi
Although I do not have direct access to our account as far as I can see you have only been charged once when you rated my answer as OK. There is no need to re rate though I am grateful that you would want to do so. If you re rate with any rating then I believe you are charged again so please do not do this unless it is your intention. As far as I can see you have not been charged again but if you believe otherwise please let me know and I will ask customer services to investigate.

Regarding the undertakers invoice - did you instruct the undertakers or did someone else instruct them?

If someone else instructed them have you at any stage indicated that you would be responsible for their bill?
Customer: replied 3 years ago.

Oh dear I've lost the reply that I've just written maybe it was sent. I will only say that it was a relief to know I'm not being charged another fee. It's not that I don't value your answers, I'm aware that in the open market I would have probably paid five times as much. So thank you.

 

Your answers have been invaluable, I can now pursue my case with confidence. So although I dare not rate you again I will tell you that you would rate excellent with no problem at all.

 

I shall refer any of my friends if they should be so unfortunate as to need it.

 

 

Yours truly

 

 

 

Margaret X XXXXXXX

Expert:  Joshua replied 3 years ago.
thank you for your kind words. should I be able to be of any further assistance, please do not hesitate contact me.

Best wishes

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