Inheritance rights question - family member still living...

Bar101 said:

Try this diagram which shows the succession plan when someones dies without a will (intestate).
[broken link removed]

As the grand-niece you are far behind the nieces and nephews.
The diagram is courtesy of http://www.traceysolicitors.ie/faqs.html which also includes some additional help on wills.


This next suggestion is a extremely "long shot" and is not based on any experience.
It might be worth at least asking an experienced Probate Solicitor if section 98 could be applied in this case where your aunt has no children.

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Thank you Bar101 - I appreciate that information, we will go and get advice. Thanks again.

Vanilla said:

Sounds to me like your grandaunt has been made a ward of court and that either your uncle or aunt are her committee. They have to apply to the court for approval to sell her house or to use her money. Accounts for her assets must be given in each year and all money accounted for. It is very unlikely that they are pocketing the money themselves. How do you know that they are withdrawing such large sums? Rumour and speculation? Or have they been going around with the bank book, showing the withdrawal and smirking?

If you are genuinely concerned for your grandaunt's welfare contact the wards of courts office- there are procedures that one can start if there is a genuine problem with the committee.

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Thank you for your advice. One of them has power of attorney and has the ability to withdraw from my great aunts bank accounts. Unfortunately, a close family member witnessed the withdraw and the pocketing of a very very large amount of money. The family member was stunned and was told that that bank account 'was not known about' to anyone else. So from what you are saying if yearly accounts have to be maintained - they probably are (less this account) so everything seems 'above board'.

We will now go and get legal advice and try our best to ensure the aunt is being looked after properly (to date she has and is happy/well cared for) and that her assets are being looked after correctly for her.

Or, as the aunt is happy/well cared for - do I not get involved and try to forget about it ?.. and as those who are taking the money will inherit it anyhow try and put it out of my mind?.. Morally its giving me a big headache...

Advices said:

If it happens that when the house is sold and the poor aunt passes on - that other people are entitled to 'inheritance' - is there any way/law that would enable the money that is being spent by those that have access being taken back? (hope this makes sense)...

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Advices said:

Thank you for all of your comments and explanations.. it is very much appreciated...

I'm still struggling with the fact that someone is spending the aunts money on holidays for themselves/living it up while she is still alive - what advice would you give to me with this regard? Am I right in saying - if I am entitled to something when she passes - and if someone who has access now can spend it - I have no recourse on the funds they have spent?

If there is a will.. (which I understand you are saying is irrelevant as the aunt is still alive) - if there is one (and I was told there was one), when the aunt passes away (which I am not wishing upon her) - will I be entitled ?


..

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Yes, it does make sense.

But if your concern is the fact that your Aunt is still alive while her money is being spent, what possible benefit is it to your Aunt to have the money " taken back ", or for you to have " recourse on the funds they have spent ", after her death?

Bluebells said:

Yes, it does make sense.

But if your concern is the fact that your Aunt is still alive while her money is being spent, what possible benefit is it to your Aunt to have the money " taken back ", or for you to have " recourse on the funds they have spent ", after her death?

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My concern is that her money is being squandered by another person 'now' who has no entitlement to spend that money on things like holidays for themselves etc - that is my concern. She is currently looked after well where she is - what is that changes ? What is she needs that money down the track for her care elsewhere?

The money ain't gonna be any use to her when shes dead - she might need it when she's alive though.

Thanks to all other who have given advice - I'm down the legal route now to see what they say/see how we can make sure she's protected...

Yes, but in the posts I quoted, you are wondering about this money after your Aunts death.

Bluebells said:

Yes, but in the posts I quoted, you are wondering about this money after your Aunts death.

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Yes, that is correct Bluebells.... I was thinking all over the place because of the situation. Thank you for your reply. My posting is quite disjointed.

Now from all of the advices I have received I am focused and going to concern myself with her care now and make sure that she is happy and receiving all the care that she needs in the home she is in - I can only do this by visiting her there and asking the nurses etc. Then this will be 'fed' back to the rellies and I will probably classed as 'sniffing around'.... !

I feel I will have no say/right in how the money is being spent now (to me, 'extracting' tens of thousands of euros for no reason is 'dodgy' to say the least when it is not being spent on her/her house. Her house is currently being put up for sale by the person who has the power of attorney, if sold, my fear is that the proceeds will not be put aside for her 'just in case' she has additional needs. My fear is that is will be spent by others. I have no idea if I am to inherit at all, my own mum was aware of the relatives 'ways' of spending this aunts cash before she passed so she told us that she has some papers with her own solicitor to ensure her share was passed to us if anything happened to her. This conversation I had with her did not make sense at the time and I didn't care much - but now it makes sense. Again, I have absolutely no idea if these papers will stack up/how it works. It just really galls me to see something like this happening.. if I were to get anything it would go to a specific charity so money is not the interest for me here...

Its all very confusing.... my brain is being bent !... do I do nothing, and have the possibility of them spending the proceeds of the house ?. Should I care?.. Morally can I forget whats happening and go against all that I was brought up to be?.. And with respect to my Mum (rip) because she 'knew' what they were like spending someone elses money on themselves - should I do 'something'?....

Advices
I am sorry that you have lost your mum (RIP) and that she is not here to help you with this problem. Two questions you might ask yourself that may help you to make a decision on whether you become involved or not. You say your late mum 'knew ' what they were like spending someone elses money on themselves' yet she does not appear to have interferred. Also the family member who was present when funds were being withdrawn also has not interferred. It would appear your grand aunt is being looked after well and wants for nothing. For all you know your aunt and uncle may have made their wills and named you as a beneficiary so why rock the boat.

Ann1 said:

Advices
I am sorry that you have lost your mum (RIP) and that she is not here to help you with this problem. Two questions you might ask yourself that may help you to make a decision on whether you become involved or not. You say your late mum 'knew ' what they were like spending someone elses money on themselves' yet she does not appear to have interferred. Also the family member who was present when funds were being withdrawn also has not interferred. It would appear your grand aunt is being looked after well and wants for nothing. For all you know your aunt and uncle may have made their wills and named you as a beneficiary so why rock the boat.

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Thank your for your reply.

My late Mum did 'air' her concern and then unfortunately circumstances for her changed rapidly and it was no longer possible for her to be involved. I know for sure it must have 'irked' her because she herself asked for legal advice and got a document drawn up that said that it was her wish for any inheritance that she would receive from this particular aunt was to go to me - at the time, I just brushed it off as not important and forgot about it. The other family member has no scruples and has 'obtained' funds previously for herself - this was the cause of my late Mum's initial concern - although she was not surprised. As an aside, one of them would certainly not be naming me in their will. And the other one- perhaps, but to be honest this would not affect my feelings as to whats happening now.

With regards to rocking the boat - this might sound callous but I would only be upset if I rocked the boat with one of the rellies - the other one is simply not worth it.

Oh its so difficult. Thanks for the ear.

where are you

where is this cause i know of a man and his daughter who have power of attourny over 2 elderly aunts estate one of them has died and the other is in a care home, the daughter is spending money like its going out of fashion, everthing in this thread is very similar to what i know of and it needs to be stopped. is this in leeds