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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34885
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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Very Complicated: My older sister and her husband took care

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Very Complicated: My older sister and her husband took care of my Mum prior to her passing away. I think they had Power of eterny? they told a few family members that my mum had a small amount of savings just a few thousand we all thought they deserved it for looking after my mum, (big family of 6 boys 7 girls) lots of grand children etc. When my sister lost her husband recently lots of things from the past raised its head, we were told that my sister and her deceased husband had several large sums of money paid from 2,3,4? cases where my Mum had had accidents, i.e, she was badly injured when she fell due to a hole in the road, another was for a fall whilst on board a ferry, and a fall in hospital, we have been led to believe she has been using this money to buy extravagant gifts for her sons ex girlfriend and the daughter they had who is now 19. The family is up in arms as my Mum disliked the girlfriend and daughter immensely, we feel that any monies that my Mum had left behind should of been discussed with all concerned and shared between the grand children whom my Mum adored so much. Is it to late to look into this? my Mum died in 2006, had they the right to do this because they had power of erterny?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did your mother leave a Will?
Customer: replied 3 years ago.

Hi, I am sorry but I don't know. This question was never asked as my Mum never had much all her life and actually lived with my sister, who kept her cards close to her chest. My brother did say to me recently as far as he was concerned he was told that my Mum left a bit of money in her will, but we have decided my sister said this to keep him off her back. I contacted the cemetery recently as I wanted to add some wording to my Dad's headstone and I was told that this burial plot was in my Mums name and they wanted to know about any Will, apart from asking my sister who probably wont tell me any info I don't know how to find out. My Mum was supposed to be buried along with my Dad but my sister hated my Dad so much she arranged for my Mum to be buried in Wales rather then have them together, and we all know my Mum would of wanted to be with my Dad, sorry to go on , just giving you some idea of what we are up against, x

Do you have any idea whether or not the injury claims were settled before or after your mother's death
Customer: replied 3 years ago.

I am unsure but would say they were settled prior but again don't know how to find out, I am not very helpful am I?

Do not worry - it is not your fault it happens a lot in families.
The first step you can take is to check whether or not your sister applied for Probate of a Will
You can do this using the process here
If there was a Will then you will get a copy and be able to read it.
If not (more likely) then you will have to ask your sister what funds there were - and for evidence of them.
If you can show that there were funds that they did not share then it i snot too late to challenge this
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you I will look to see if there was a will through that process. However if my Mum did have a will my sister will more then likely of destroyed it, if it was not in her favour. Is there any way we can find out what the monies paid out to my Mum from the authorities that were involved? one was with Manchester City Council for instance the others were with NHS, and the 3rd was with a ferry company, I think these claims were done on a no win no fee basis.

I am afraid that there is no way that you can obtain this information without the agreement of your sister who held Power of Attorney at the time
Clare and other Family Law Specialists are ready to help you