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Do we have any legal recourse!? Civil or Legal!

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  • Do we have any legal recourse!? Civil or Legal!

    Good morning!
    I will try to be brief!
    My mom died 19 Feb 2020, she left a Will and instructed her Estate to be shared equally.
    This was going to be a problem that I knew already.
    A little background. My mom lived alone, she was 95 when she died, since Nov 2019 she was admitted to a hospital after a fall, then went into re enablement unit and then into a care home.
    The last few years my mom had been very distressed about the fact that she had been pressurized/coerced into putting her oldest daughters name on her house deeds (the reason she was told was that this would make it easier to deal with on her death) and also she did not need to go to a solicitor to make a Will as this would cost a lot of money.
    Every time i visited her (every 4/6 weeks as I travel a lot) she was distressed and asked what she could do, I said she needed to visit a solicitor as my thoughts were she could not get the name of the deeds without either asking her or going to court (neither were an option as my mom was frightened of her oldest daughter & being very old could not deal with the court) she duly went to get advice and was indeed told that. I told her the best thing to do was to go to a solicitor and make a Will this she did and was much happier and less stressed. ( she said her oldest daughter had made a Will for her but she did not have a copy) I knew that it didn't solve the problem but it would be my issue when she died.
    Little did i realize what her oldest daughter had been up to even though i suspected as she had done similar to a couple of other elderly people she had been a carer to (as a friend!)
    Her oldest daughter had appeared back on the scene after a number of years (mom had refused to speak to her as she had taken thousands of pounds helping her do her house up) and surprise my mom sold her house very quickly and bought another that happened to be owned by a friend of her oldest daughter* - this house ended up being in 'joint tenants' etc. Mom had said she had told her she had to share everything equally on her death - this was not going to happen & mom eventually realized this too late.
    Mom had a stroke in Feb 2019, and this knocked her for 6 so that year she did go downhill a little and was not happy, she ended up on Nov 19 in hospital after a fall as I said at the beginning of this post.
    The surprise I got from her oldest daughter was that she had EPOA for Property and FInance since 2008 (no surprise really) she was going to register it.* My mom had asked I do POA for her in 2019, which i had done for both, and was going to register them in Jan when I was back In UK but it was to prove too late.
    My mom never had debts, never had a credit card, only used cash, never had a mortgage. She had money in the bank and a house, she lived frugally as her age probably does. Doted on her granddaughter.
    While my mom was in hospital/care home she was not given her personal effect, money , bank cards, etc, and only a few clothes etc. So I sent a message asking that she be given her thing by her oldest daughter, she never was. She didn't have the money to pay for her hairdresser at the care home, and the manager said not to worry they would make sure that she was given her money, but mom asked to go to her bank to withdraw some cash, her bank knew her and it wasn't a problem she withdrew £60. Mom had asked me to take the bank statement she had back to my house (mom had kept her papers in her own drawer so that her oldest daughter had no access to them as a lot of moms important papers had gone from her house.* The balance was just under £10,000 she also had another account with £5,000 in.* I had also gone to my mom's house with her to get some of her things to take to the care home, we loaded up leaving the TV until later.* When I came back to pick it up, it had gone and the back gate to my moms had been nailed shut! This was her oldest daughter having been* told by my mum's neighbour we were there (this was my mom's house!)
    Anyway, I had to leave and promised mum I would be back in 2 weeks and she could live with me in my french house, as she had not been allowed to go to the Private care home that she had wanted to go to, and had gone into an NHS one, purely because her oldest daughter didn't want the house or the money being used for this!
    When I got to my place of travel and spent the day recovering, I had received numerous messages to call the home - my mum had died 2 days after I left -* I was so worried i called my mums bank and asked them to freeze the account which they did,I was concerned how she had died as her oldest daughter had visited a couple of hours before she died, knowing that she had told me she had the drugs to finish things, whether she meant mum or herself when the time came i don't know - for this I raised my concerns etc and it was looked into.
    Needless to say, I travelled across the world on Sunday as everything had been taken out of my hands and arranged by her oldest daughter even though we are joint executors on my mums WIll, she arranged everything to do with the funereal without even consulting us, then the bank told me that mums bank account had been emptied into the oldest daughters account on the 7 Feb the day after mum had gone to the bank.* The older daughter had also gone to the solicitor on 12 Feb to get a transfer of equity for mums house, but had not been able to do anything (not sure what that is?) Apparently there is nothing that can be done as the house went to her oldest daughter, the bank accounts are empty (reported to the fraud team at the bank and the police - 3 weeks to investigate!) and only the contents of moms house!
    I want to challenge this as my mom went to a solicitor in 2017 to try to get the name of the deeds if I could find this solicitor would this help its one of maybe 4 solicitors?
    It all adds up to my mum being coerced and forced to do things she didn't want to do, the only other person that knew apart from her granddaughter was her older son who died.
    The solicitor has said we could get it to court but it would be very expensive, for me, it's not the money its the dishonour and complete disregard for my mum's wishes.* Yes, she should have made sure everything was in order but she was very old and was not a person able to deal with stress etc and this was taken advantage of.
    Could I take this further? Civil action? Stop her oldest daughter from getting any further with the Will and affairs? She had an appt for probate but the solicitor was able to tell me that it would be pointless as they did not have the Will or House Deeds?
    Her oldest daughter has only ever been interested in money (she is very well off already)
    I do not need the money but I'm sickened by the evil ways of this person that should have respected mums wishes to share between the 4 of us, reagrdless.

    thanks and sorry for the long winded post.
    Tags: None

  • #2
    Hi, I am an Estate Planner and Probate Specialist and Legal Researcher. Please visit my website will-trusts-probate.co.uk where you can chat with me live. I can help you by doing in-depth legal research for you, or the Law firm that I work for can take over the entire probate process for you for a fixed fee.
    Contact me and I will help you. Just head over to my website and use the chat function any day before 9pm, and I will be more than happy to answer any questions you have.


    Wanda Campbell
    Will-trusts-probate.co.uk
    WCampbell@will-trusts-probate.co.uk

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