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Benefits drawn from bank after death

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  • Benefits drawn from bank after death

    Good morning all,
    my mother in law passed 09.03.2025. She had been ill for a while and was eventually housebound, then bed ridden.
    my brother in law was her carer, lived back in the flat due to a relationship breakdown and was in charge of her finances, as in he had her bank card with her knowledge, when she was still cognitive. He said he had a folder with all her paperwork for finances in his room. (This would go missing 4 days after mum died. )We had nothing to do with this at all and knew nothing of mother in law's finances.
    Over time she became more and more confused and worried more about what he would say regarding carers coming in to care for her, who he was very abusive to and often asked them to leave the property. He also has a camera faced to mums bed at all times, i said this was not right, due to personal care. Only he and his partner had access to the camera. We only saw the footage due to a meeting with social services and no one was impressed with it. We suspected that mum was being cohersed by him and had reported this to social services. She would look to him if asked a question by caeres or anyone else, she would worry about not eating all the food she was given and say.to hide.the rest or he would shout at her. If anyone came to the house i.e social services and questioned his behaviour, mum would vehemently defend him. He was the baby of the family and had been spoilt.
    Before social services were going to act , she passed, so the case was closed down.
    On the day she passed, brother in law, said to my husband, he can't deal with funeral arrangements. He then basically handed to us, mum's life insurance policy and £390.00, he had in the flat for her. He also said he would go to the bank the next day and draw her pension. I told him not to as DWP would want it back. He said he didn't care and would take responsibility for it.
    When the funeral Director came for mum, he told the funeral directors and my husband he wanted, everything for the funeral in my husbands name. We knew there and then he was trying to leave us with debt.
    I registered mum's passing and notified the benefits agency. Brother in law said he would deal with the bank, so we agreed as he had been dealing with her finances.
    While we were cleaning we found and old bank statement from may to August 2024 and were shocked to see the amount of withdrawals made from mum's account when she was housebound. We also began to get an idea of money she had coming in. It didn't make sense.
    Then came the unpaid bills. Money owed on utility bills and also credit card bills in mum's name.
    At the end of March I double checked the bank account had been closed. It had not been and so my husband as next of kin had to do that.
    We got mum's final bank statement when we got back from her funeral 11th April 2025, which he did not attend. We found out as we walked into the crem.
    He had not only taken out her pension after death, but also her private pension, both of which total just under £700.
    Now DWP are writing to me asking for repayment of the money. We have not heard from brother in law since 24th March, when he demanded the funeral crematorium choice mum be near to where he lives now or the funeral would have to be held up. His brother agreed to this due to not wanting any fuss.
    What can I do, sorry it is long winded, just wanted to give you background.
    Tags: None

  • #2
    Did your mother in law leave a Will?

    If so who are the named Executors?

    Approximately how large is the Estate?

    I assume your BiL is your MiL's son? Did he have formal Power of Attorney prior to her death?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Hi MIL left no will and has no estate. So no executors. BIL did not have a formal power of attorney at any time.

      Comment


      • #4
        BIL is youngest son, my husband is the oldest.

        Comment


        • #5
          "He also said he would go to the bank the next day and draw her pension. I told him not to as DWP would want it back. He said he didn't care and would take responsibility for it." and "At the end of March I double checked the bank account had been closed. It had not been and so my husband as next of kin had to do that.
          We got mum's final bank statement when we got back from her funeral 11th April 2025. He had not only taken out her pension after death, but also her private pension, both of which total just under £700.
          "

          Hi DoWhatsRight.

          What an awful situation. I suspect that a lot of what you have told us in your main post will take some doing to unravel, but the points you relate in the above extract should - I'd have thought - be very simple to evidence? The dates should not be in question; when your mum-in-law passed away, and when your bil subsequently withdrew the pensions and sums from her account? Surely a blatant criminal act, and worthy of reporting to the police?

          I have no idea how far they would pursue such a thing, but you should be given a crime reference number, and hopefully they'll - at the very least - make contact with your bil in order to get his version of events. Given the clear facts of the dates involved, they should be able to work out whether wrong-doing took place.

          Comment


          • #6
            One answer is simply do nothing and don't get involved.

            If the estate has no assets to speak of and there is no Will then your husband has zero legal responsibility for any of this. Next of kin are not legally responsible for sorting out their parent's affairs or paying their bills.

            Your husband is not responsible for dealing with his late mother's utility or credit card bills nor legally liable to pay them (unless he was a joint account holder on any of them).

            The only bill that he might be liable for is the funeral costs if it was him that instructed the funeral directors (agreed that the bills be in his name). If he did that is a contract between him and the FD and he must pay the bill. He is entitled to be reimbursed from the Estate but only if the estate has the money to pay him.

            The pension money his brother withdrew isn't your husband's problem. If I were him I wouldn't get involved. Why are DWP writing to you? Just return their letters and tell them you notified her death for information only and you are not Mrs.X's Personal Representative and have no access to her finances and cannot assist them.

            As for BiL's use of his mother's money prior to her death there is little you can do about it. As you have discovered social services will not get involved (their remit only covers the living). Police will not be interested, there is no evidence of a crime. BiL would simply say all done with his mother's agreement.
            Last edited by PallasAthena; 4th May 2025, 16:04:PM.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              Dev'sad yes will take your advice into consideration.
              Pallasathena, ok but will this affect the application for funeral expenses from DWP?

              Comment


              • #8
                My husband just did not want any debt left on his mom's name.

                Comment


                • #9
                  Originally posted by Dowhatsright View Post
                  Pallasathena, ok but will this affect the application for funeral expenses from DWP?
                  No idea. You never mentioned that before. Who is applying for DWP funeral expenses help? Your husband? Is he receiving eligible benefits?
                  All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                  Comment


                  • #10
                    Sorry, dwp told me to, as i notified them of MIL death.

                    Comment


                    • #11
                      Is there any good reason to not report what is almost certainly a crime? Are you concerned that the DWP will continue to chase you?

                      I take it that you and your husband will be effectively estranged from this fellow from now on, in any case?

                      If you report this, the police might not act on it, but should - I think - at least give you a 'crime number'. You can then reply to the DWP explaining what has occurred, giving the CN, and leave it to them.

                      Comment

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