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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, my son died 4 weeks ago of pneumonia . He had been in care

Customer Question

Hi, my son died 4 weeks ago of pneumonia . He had been in care since he was 6 months ( not adopted) he was severly disabled after a brain haemorrhage at 8 weeks. (26 years old when he died) his carrer is demanding as solicitors letter to release his money , as his bank was in her name because of the severity of his disability.my wife and I payed for the funeral ourselves.we don't know how much is in account and a solicitors letter might outstrip his account. Please can you tell me where we stand. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
What is actually required?
Has the Social worker not got details of the amount involved?
Clare
Customer: replied 3 years ago.
Hello,when I asked she said she didn't know how much was in my sons account.(social worker) .his carer has requested we apply for details of his account which was in her name,because he was unable to sign for anything due to his disability.she was his appointee.we spoke to a solicitor who said it would cost £201per hour and it could take up to 4 hours work .
Expert:  Clare replied 3 years ago.
Hi
I am so sorry for your loss.
Is this the only account there is and has the carer provided a copy of the bank statement?
Clare
Customer: replied 3 years ago.
Hi, we've had nothing at all off her or social services.we feel like we're being kept in the dark.as far as we know there's one account.
Expert:  Clare replied 3 years ago.
Hi
Do you have a copy of the Death Certificate?
Clare
Customer: replied 3 years ago.
Hello, yes we do.fyi ,we don't know which bank he is with
Expert:  Clare replied 3 years ago.
Hi
That is fine
You need to write a formal letter to the care.
Send her a copy of the death certificate (I know she has seen it but this is a formal step)
say that in the absence of a Will you and his mother are the only people entitled to his assets and ask for a copy of the latest bank statement in order that you can deal with the administration of the estate
Point out that there is no requirement for solicitors to be used and that you expect a response within 14 days.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your advice. We were thinking of writing to her but may have gone about it the wrong way. We will sit down and write her a letter tomorrow. Stuart

Customer: replied 3 years ago.

Hi, what would next step be if she doesn't reply as we hope

Expert:  Clare replied 3 years ago.
Hi
You then write a second letter pointing out that she is not entitled t keep the funds and that attempting to do so amounts to fraud.
Remind her again that as parents you are the only people entitled to the estate and that if you have to go to court to obtain the details from her you will make a claim for costs
Clare