Sister stolen some of my inheritance

[Gabbie]

For at least 10 years my sister had my elderly mothers post office card and took out her benefits in cash in full each week. My mother received approx. £18000 a year. My sister and I had POA for my mother and both executors on her will. When my mother moved into a care home a year before her death we had to sell her flat to pay for care as my sister claimed my mother had no cash left from her benefits which is impossible as she had not left the flat for years. My mother passed away last year. I said to my sister that there must be some money but she constantly replied ‘yeh, I don’t know what’s happened to it’. From my calculations I believe my sister over the years has stolen around £100,000 from my mothers benefits. My mothers Will stated that her money and proceeds from the sale of her flat should be divided between my sister and I. When the flat was sold for £80.000 we owed the care home £30,000 leaving me and my sister with £25,000 each. My sister has not worked for some time and claims benefits including universal credit. My sister has now sold her house for £250,000 and bought another for £310,000 which she is now modernising. This confirms for me that she has stolen money from my Mother and my inheritance. I cannot believe she has done this but what can I do without proof?

[Sam101]

Without proof, very little. Did you receive 50% of the net proceeds of sale of your mothers property?
How did your sister receive benefits when she was receiving your mothers benefits of £18,000 per year. Did she declare that income?

Did you have, or are there details of the care costs that were dealt with by your sister?

It seems that your sister is doing well having purchased a higher priced property, but as you feel she has not dealt with her duties as an appointed POA, then there may be some reporting to do to investigate that. I don't think your sister would welcome such an investigation if she has not been honest as she will have to prove all expenditure to the authorities, with serious consequences if she has not acted in your mothers best interest.

Perhaps you should speak with her along those lines and see if you cannot come to some financial agreement. If she claims poverty, then she could agree to an outstanding loan to you secured against her new property. In that way you could be assured of eventual settlement?

[Gabbie]

Thank you for your comments. £30,000 was paid to the care-home after the property was sold and then I did receive 50% of the remaining £50,000. My sister said she took out my mothers benefits in cash but gave the money to my mother. My sister was on benefits at the time. All care costs were taken out of the proceeds of the sale of mothers property. I will talk to my sister again but I know she will say she gave my mother her benefits but doesn’t know what she has done with them. She will never admit she has stolen the money.

[Sam101]

There is the problem, plus it may distance you totally and its nice not to do that if you can. How come there was so much outstanding for care when the £18,000 per year was being paid to your Mum. Was thet being paid to them? Her bank account should show the details of income and expenditure, which POA are obliged to keep.

[Gabbie]

My sister arranged with the council that care home fees would be paid once my mothers property was sold. So the council paid for her care then we paid the council back with interest when the flat was sold. My mothers bank account shows her benefits going in weekly but also being taken out in cash weekly (by my sister). Food, electricity bills etc was paid by cash, but these bills would have never been £18.000 per year which is why I am sure my sister has stolen it.

[Sam101]

Sorry, but unless you can find all the outgoing amounts being paid and balance that against the benefits, you will get nowhere. If you can,its a different story. As you both had POA, you both appointed to look after your mothers financial needs, so your sister could say that you were fully aware of the situation.

If you knew the way the benefits were being drawn out for 10 years, you should have looked into this far sooner. I think you may have to accept the situation or report matters to the authorities.