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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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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I have two questions surrounding the death of my mother .To

Customer Question

I have two questions surrounding the death of my mother .To give us some money after her death I took some money out of her account and put it in a joint account for me and my brother who are the only beneficiaries of the will.this money totalled 600 pounds. Could I be prosecuted for this.?
The other question I have is .my mother gave me a substantial amount of money before she died without my brother s knowledge.where do I stand legally with this has mums wishing to help me out in this case as a deposit for a house Brocken the law can my brother challenge me on this.?
Submitted: 5 months ago.
Category: Family Law
Expert:  F E Smith replied 5 months ago.

Hello - who was the executors of the estate and how long ago was this please?

Expert:  Clare replied 5 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

Whilst technically you should not have removed any money from your mothers account after her death what you have done does not amount to a criminal offence and you will not be prosecuted

Whilst your mother was alive she was free to give you however much she liked with or without your brother's knowledge

No law has been broken.

The only reason your brother may challenge this is if the gift means that the Estate is liable for Inheritance Tax - which your accountant can advise you on

I hope that this is of assistance - please ask if you need further details