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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11752
Experience:  30 years as a practising solicitor.
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My husband was dying with Cancer he was heavily confused and

Customer Question

My husband was dying with Cancer he was heavily confused and was on a syringe driver for pain and restlessness -my two step children went into his online bank account and transferred money into their banks 3 days before he died and then the night before he died they transferred the remainder -I have the medical report which states he was heavily confused and restless etc -I have consulted with a solicitor who sent them two letters for the return of the money -they ignored them-he wants me to go to court to get the money back -he said it could cost me £6000-£10,000 to do this -can you tell me if you would advise this-my husband died in March,I feel my solicitor is slow but I don't know if this is normal
What should the bank be doing about this also !!
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Do you have an answer for me
Expert:  JGM replied 2 years ago.
Thank you for your question.
This is an appalling situation on the face of it. Can you let me know if you husband left a will, what the will says and who the executors are.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Well my husband and I were going to try a trial separation but we were friends still,we have been married 25 years been together for 32, we went to change our wills in September but still keeping them joint we just wanted to add bits and pieces to it, we didn't sign them so our original will was still in place and that's the one registered whereby jam the executor and he left everything to me-I have MS and my husband was diagnosed with Cancer in December last year I couldn't look after him so he went to live with his daughter. I went to visit him in January at her house (she always hated me) anyway she was very hostile and told me never to come back again, my husband was confused so didn't understand why I couldn't visit it, we texted but as he obviously got weaker he didn't txt as much I had no way of contacting him but I still texted to say I loved him and he had to stay positive -I got a call from his son on 28th march to say he had died and since him and his sister didn't see me as family I wasn't to sit at the front in the Crem -apart from that -my solicitor sent for a medical report which said from 23rd March he was confused and very irritable and 25th they reported he was declining very quickly -money was taken from his online bank and put into his son and daughters account and also on 27th March at 11.40 another amount was paid into her account -he died lunchtime on 28th March ! The total amount is £58,000 -I didn't get to arrange his funeral or get his ashes -it has been a nightmare really
Customer: replied 2 years ago.
My husbands memory anyway wasn't the best and he had written his passwords at the front and on the back of his diary which was at his daughters -so I reckon they must have used this to get to his bank details also His son I found out later had my husbands mobile the last 2 weeks before he died -because when you transfer money you get a passcode sent to your mobile and as his son had this he would have been able to enter the passcode !
Expert:  JGM replied 2 years ago.
So you are the executor?
Customer: replied 2 years ago.
Yes I'm the executor
Customer: replied 2 years ago.
My solicitor has sent them two letters asking for the money to be returned or we would be taking court action, the have ignored both letters (sent recorded)
Expert:  JGM replied 2 years ago.
There is no way that you can lose this case from your narrative. They have stolen money from their father immediately before he died. He was not able to make decisions for himself so there is no way that the bank withdrawals can be sanctioned. They had the means to do it as they had his details and the phone. I think you must, in your duty as executor, sue them for return of the funds. Your solicitor has given you the correct advice.
Happy to discuss. Please leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.
Yes he did say that if I went to court I would be okay but he said it wouldn't come to that as he said they would not be stupid and they would settle -obviously notCan you explain a bit about what might happen ? Also I don't understand why the bank isn't doing anything as I would have thought this is fraud ! I want to do this out of principal -because I feel I wasn't there for him when he needed me and the amount transferred just before midnight on 27th I feel is disgusting in itself !
Expert:  JGM replied 2 years ago.
They haven't been threatened enough. Sometimes the service of court papers has to be done before people realise that they have to lodge a defence and if they don't have a defence then they have a problem. I think a strongly worded letter before action is needed pointing out that they will run the risk of having costs awarded and also they could end up in an insolvency situation.
The issue with the bank may need further investigation. If they have the passwords and the phone and were given access to the account, then a case against the bank could be more difficult although in my opinion the bank should be told that they are under scrutiny. However, there is nothing you have said that would make me feel that a claim against the bank would be successful when the only way they could have been given access as via your husband. Even if he was forced to give the account access it would still be the children that would be responsible and not the bank.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you - I didn't mean to claim the bank I meant I don't know why the bank didn't ask them to return the moneyBut I understand what you said I thank you so much I am at my solicitors on Monday and I don't feel as nervous about things now - much appreciated - have a good weekend J
Expert:  JGM replied 2 years ago.
You're welcome. Let me know if I can help you further at any time.