Inheritance

[abs79]

Hi. I'm just wondering if anyone has any experience on this. My poor uncle had dementia for about 6 years and he was taken into a home. In that time my uncle and aunt sold off 2 vintage motorbikes, a car and lots of sentimental items. I've been told all this was given or thrown away. I don't believe this. Also I have found out that they moved in my niece into him property for over 3-6 years with her paying no rent, again we were not told. as a beneficiary of 1/5 of the estate where do I stand on all of this? I'm more upset that all the things my uncle held dear have been sold. Medals, awards etc

[Peridot]

Re: Inheritance

Hi abs79,

It is hard when this sort of situation occurs. However, bearing in mind how much care fees can be, it was probably necessary for items to be disposed of to fund fees? Just to clarify, were the Uncle and Aunt who have dealt with the deceased's belongings, acting under a Power of Attorney?

It may seem harsh but if to fund any care home fees they sold various items from the property and as a result of those sales they were able to preserve the house, this would probably be considered a sensible way to dealing with his assets.

It is upsetting when items are disposed of believing they are of no value, sentimental or otherwise, to other family members, but it can also be difficult when dealing with a property and large families, co-ordinating everything. If they were attorneys then they are expected to act in your Uncle's best interests and where possible allow him to make his own decisions. He may have asked them to dispose of items and agreed to his niece staying at the property?

If they were not acting as his attorney then who made decisions for items to be sold? The more practical problem the items have already been sold or disposed of, so there is no chance of getting them back. Unless you are alleging that as attorneys they acted inappropriately and not in your Uncle's best interests, there is little that can be done. If you believe an attorney has not complied with their duty to the donor (your Uncle in this case) then it would be necessary to contact the Office of the Public Guardian. During your Uncle's lifetime were there no concerns? Further information about powers of attorney and the duties of the attorney can be found here, together with who to contact if you believe there has been an issue https://www.citizensadvice.org.uk/fa...er_information

Following the death the estate becomes the responsibility of the executors. As a residuary beneficiary, under the Will, you are entitled in due course to a breakdown of the estate but this is only for the assets owned by your Uncle on the date he died, not previously.

It may be worth contacting the Court of Protection for some advice. Do bear in mind that any claim made would be against the estate, which if the matter went to Court and costs were payable from the estate, could significantly reduce any legacies due to the residuary beneficiaries.

It is sad when family members pass away and there are items we believe meant a lot to the person, that are lost, sold or mislaid. However, during the person's lifetime it is up to them or their attorneys to make the decisions, I'm afraid.