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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I was Deputy mother in law last

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I was Deputy for Affairs for my mother in law for the last 4years. She has recently passed away. As she was incapable of opening a bank account I was handling her finances through a bank account in my sole name. Does this money now form part of her estate, although it is being held in a bank account not in her name?
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Please accept my sympathies for your loss. May I clarify for the avoidance of any doubt that you were appointed as your mothers deputy by an order of the Court of Protection?Did you mother leave a will and if so who has been appointed as executor?
Customer: replied 2 years ago.
I was appointed by the Court of Protection in 2010.
My mother in law did not leave a will. So would her "estate" only mean property and bank accounts with her name on, either solely or jointly?
Thank you very much for the above. As you are likely aware a deputy's role (or an attorney for that matter) ends upon death and a deputy has no further legal power in relation to the patient's affairs.The money that is held in an account in your name by virtue of your deputyship would form part of your mother in law's estate. This is because your other in law has not made a gift of the money to you but rather the money was there in order that you could exercise your role as deputy. The authority for this position is the leading decision in the case of RE: Northall.If your mother in law left no will then if she leaves behind a spouse, they will have the right to administer the estate. If there is no spouse then your mother in law's children (natural or adopted but not step) will have the right to administer the estate and will share her estate equally between them where there is more than one. If any of her children have predeceased her leaving children of their own, those children would be entitled to their parents share.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'dbe very grateful
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