How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Sadly I think I already know the answer but. . . My

Resolved Question:

Hello! Sadly I think I already know the answer but. . . My mother lived with her partner for over forty Years they truly loved each other and shared everything they never married my 'step father' then suffered with severe dementia and passed away three Years ago. Prior to this I was acknowledged with power of attorney over his estate I gladly performed this duty even though my step sister (next of kin?) and his daughter refused to do this. My mother worked very hard and contributed financially to the partnership finally realising equity from the sale of their home they moved into council rented property. My mother now lives in warden attended apartment where she receives a support allowance towards the rent. My duties ceased when my step father died according to the Bank my mother paid for the funeral and my step sister has ceased to accept telephone calls from my mother or myself (no idea why?) she claimed in the past to be 'sorting' out the inheritance around 35k she has gone underground with the money I assume! She has already admitted to claiming a pension pay out of 19k and keeping the whole amount! Really odd situation as my mother also helped raise my step sisters child financially and lovingly My mother is seventy nine Years old and feels hurt and cheated but as she says what can she do? My step father was bright and a typical Yorkshire man leaving no will but naively believing that the money would come to his beloved partner at the very least is there anything I can do to secure the 4k from my stepsister for funeral costs? I do not want anything never charged anything for acting as power of attorney but mum should receive something please help?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What was the Estate made up off and when did your step father die?
Customer: replied 1 year ago.
Hi ClareThank you for taking the time to answer me date of passing was 23/5/2011The estate sadly was money only somewhere around 25k plus my stepsister was contacted as next of kin and accepted 18k from a pensions or insurance payout she has not disclosed which sadly she do
I'd not offer our mother anythingMy tel number is ***** 645798 if you would prefer to talk to me directlyThanks againDavid Jordan
Customer: replied 1 year ago.
What none sense.Tel 07487 645798 sorry typo!
Expert:  Clare replied 1 year ago.
The site charge extra for phone calls - and I think we can deal with this in writing!Can I assume that your mother would not wish to tale any action against your step sister in respect of the money
Customer: replied 1 year ago.
No legal action but I would hope that she could claim some of the money perhaps fifty percent although I believe she should be entitled to all of it! My step father would agree if he was alive is there anything I can do to facilitate this Clare?
Expert:  Clare replied 1 year ago.
May I ask why you have not taken action sooner?
Customer: replied 1 year ago.
The whole family lived in expectation that my sister would do the right thing she maintained that she was still waiting for the money to come through??!! My mother also paid for her partners funeral I would wish to at least recover the 3k that this cost why should my sister keep all of the money?
Customer: replied 1 year ago.
Does my mother have any rights or is she simply viewed as not next of kin so not entitled to anything please respond soonest Clare
Expert:  Clare replied 1 year ago.
She would have had a claim under the Inheritance (Provision for Family and Dependants) Act and it is likely that she would have received whatever funds there wereHowever such claims should be made within six months of the Grant of ProbateHowever in this case there may not have been a Grant which could help your mother in terms of any claimYou can read more herehttp://www.cartmells.co.uk/time-limits-in-inheritance-act-claims/Please ask if you need further detailsClare
Customer: replied 1 year ago.
Hi Clare many thanks I doubt very much if there was any grant of probate so I will pursue!
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes wellI am sorry to ask but could you use the rating feature - I do not get my share of your payment unless there is a positive rating
Clare and 3 other Law Specialists are ready to help you