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Dealing with Aunt's money now she has passed away

Kate_S

Registered User
Aug 24, 2013
8
0
I am in a conundrum! I had POA of my aunt's financial and legal matters while she was in a care home. Her home was sold and she paid fully for her care. She passed away during the pandemic when everything was locked down. I informed the OPG and was told I no longer had POA. When I had POA I opened up accounts in my bank to deal with the selling of her house and to administer care home fees. The bank would not let me open an account in her name or jointly with mine so is in my name. In hindsight I should have just used her bank as they had me as a POA on her statements. When she died the bank transferred her money to the account I'd set up ( in my name). The issue is, is she has 2 sons with learning disabilities. One is under POA of the local authority, the other is in supported housing as he is unable to live independently. They are the next of kin legally now, but will lose all financial help from the council who will gladly take it I'm sure. I had no idea I would lose my POA once my Aunt died as I thought I could still administer the money and divide equally amongst the family. As the money is in my name do I have to do anything or can I just give out the money to the family and to charities? It is just sitting in accounts and doing nothing as I am afraid to touch it. Any advice/thoughts?
 

canary

Registered User
Feb 25, 2014
16,748
0
South coast
Did your Aunt leave a will? If so, who are the executers? It is up to the executers of the will to obtain probate and to make sure that all her assets are distributed according to her will.
If there is no will then her assets are distributed according to the law of intestate.
You cant keep the money - it is not yours.
 

nitram

Registered User
Apr 6, 2011
24,036
0
North Manchester
If there is not a will appointing executor(s) somebody will have to act as administrator and distribute her estate according to the >>>law of intestacy<<<

As you are already involved you are the obvious choice, it could even be argued that
you have intermeddled.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
11,297
0
Yorkshire
hi @Kate_S
I agree with canary ... the money is your aunt's and must be passed on to the executor of her will or whoever is dealing with probate
the bank which holds the account in your aunt's name will have been or will be contacted so why not contact them yourself and ask that your details be given to whoever is dealing with the estate so that they can deal with you about the money held in the Attorney accounts in your name

as you know the LA holds LPA for one of her children, probably wise to contact them
 

Violet Jane

Registered User
Aug 23, 2021
580
0
You urgently need to find out whether your aunt made a will. It seems odd that Barclays transferred the balance on your aunt’s own account to your account after you informed them that she had died. I don’t think that they should have done that.

If your aunt drew up her PoA with the help of a solicitor then it’s possible that they prepared a will for her at the same time. That solicitor (his/her firm) should be your first port of call. I assume that you’ve had a good look round your aunt’s house. Some banks store wills for a fee and this will appear on your aunt’s bank statements.

If you are dealing with a sizeable amount of money then you should probably instruct a solicitor. No doubt there are strict rules regulating how apparently intestate estates must be dealt with.
 

Kate_S

Registered User
Aug 24, 2013
8
0
Thank you. Aunt did not write a will. The accounts with her money are in my name not hers as the bank would not let me put in her name as by then she was in a care home and did not have utility bills etc as proof, even though I had OPG court document to say I was dealing with her money. I need to find a good solicitor that deals with this matter, so if anyone has any suggestions
 

thistlejak

Registered User
Jun 6, 2020
150
0
As your Aunt has not left a will you (or someone) will have to apply for Letters of Administration in order to administer her estate. It might be worth a call to the Probate Office Helpline to see if they can give you some advice. On the application form for probate you have to sign to say that you will collect the whole of the estate and at the moment you are the only one who knows where all her money is, even though 'legally' her money that is in your name belongs to you.
As an aside, the bank that would not open an appointee account in her name with you as representative was wrong - we used a letter from MIL's Nursing Home as proof of identity to open various new accounts both in person and online.
 

Jaded'n'faded

Registered User
Jan 23, 2019
2,415
0
High Peak
I also think the bank was wrong to put the accounts in your name. Effectively you could just keep the money! (Not suggesting for a moment that you would!)

As has been said above, you'll need to apply for Letters of Administration and distribute the money according to the Rules of Intestacy. You can get a lot of info about both things online.
 

Female1952

Registered User
Apr 6, 2021
38
0
I also think the bank was wrong to put the accounts in your name. Effectively you could just keep the money! (Not suggesting for a moment that you would!)

As has been said above, you'll need to apply for Letters of Administration and distribute the money according to the Rules of Intestacy. You can get a lot of info about both things online.
The bank has given very bad advice: it could result in a carer being accused of theft.
 

MartinWL

Registered User
Jun 12, 2020
1,451
0
Powers of attorney end the minute a person dies, then the executors take over. Alas you have a lot to grapple with now and this is complicated by money that doesn't belong to you being in accounts in your name. I think @thistlejak has given good advice. If you don't feel able to get to grips with all the complexities of rules of intestacy then best to get a solicitor to help.