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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27879
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father in law died in July and my Mother in law has

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My father in law died in July and my Mother in law has dementia and is in residential care. My wife has power of attorney for health, and her brother for finances. Since father in laws death, brother in law is also the exectutor. The will states that everything reverts to his wife, and my wife has been paying the care home fees and regular bills both from dads account and mums account, regularly transferring money between the two. She was also doing this before dad died, and has the executors complete trust and permission, is this legal
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: lincolnshire
JA: What documents or supporting evidence do you have?
Customer: powers of attorney for both legs and health, and also the copies of death certificate, and probate for dad
JA: Anything else you want the Lawyer to know before I connect you?
Customer: *legal

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

Please accept my condolences for the loss of your father in law.

for the avoidance of doubt, may I clarify that your wife and brother-in-law respectively have power of attorney as you say for your mother-in-law as opposed to your father in law please?

Customer: replied 14 days ago.
My wife has powers of attorney for health for both parents and my brother in law for finance
Customer: replied 14 days ago.
Sorry I miss clicked I only want to text

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thank you for the above clarification. You ask if the above practice is legal. On the basis it is not being undertaken for the purposes of fraud, which clearly it is not, there is no criminal offence as such but has been committed but neither your wife nor her brother should be operating an account in the name of the deceased individual. Depending on all the circumstances, this could lead to complications for them in the future.

What should happen is that if your father-in-law's will provide that everything passes to your mother-in-law, then your brother-in-law's executor should notify the relevant banks of the death of your father-in-law and arrange to close the accounts and transfer monies to your mother-in-law's account and payment should then continue to be made from there.

Generally, if the amounts in your father-in-law's account or accounts is less than around £30-£40,000 ( different banks have different limits) the above can be done without a grant of probate. If it is significantly more than this, then probate may be required.

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Customer: replied 14 days ago.
My wife has been paying care home fees etc for most of this year, abs she has made arrangements for attendance allowance and pension to be paid into mums account this is where she pays the bills from. Dads accounts were with one bank and mums with another most were joint and she has notified dads that he has died but not mums as yet he died in the summer

thank you. When it is just a question of ensuring all of your father-in-law's banks whether these were sole accounts or joint accounts with your mother-in-law have been notified. If your brother is law is not confident in dealing with the administrative aspects of your father-in-law's estate, he may prefer to appoint a solicitor to help him but there is likely to be no reason from what you say why these matters could not be dealt with by him directly.