Inheritance theft, EPOA

Hi again, thanks for the inciteful questions.

Yes it is/was a concern that I may be accused of taking the items. I have clarified with 2 brothers, (1 is the other attorney) the items that are missing. The other interesting point, is that I can recall my dad saying, the time he spoke to me about the will, that apart from the house, all other items to be divided equally, including money. So I think that may be interesting at a later point - maybe.

Regarding the pension - when this came to light (eldest brother collecting pension due to covid), thankfully another brother and the sister stepped in and took this over. They had been bringing him for years! Just with covid, the eldest brother out of the blue decided to sign the form and put himself down as the person to collect it.

The incident about the post office book was intercepted, cancelled and a new one was issued and I have it for safe keeping now. I will certainly gather everything together and put in safe keeping as soon as I am legally entitled to. That is my responsibility under EPOA. There's another incident. Dad in early 2020, had been saying to sister to brother, that eldest brother was bringing him (dad) to the doctor for an appointment. Thankfully dad was able to keep mentioning it to them in conversation and to resist it, even though he didn't know what it was for. 'I'm not signing any form and not going to GP'. So when I was informed, I called the doctor to explain briefly the situation, that all decisions about dad should be communicated (we can all use email, texts!) and ask if there was an appointment made and who made it and for what. The doctor said he was not due any blood tests, but eldest brother told reception it was to bring dad for a blood test. Doctor told me then that the eldest brother did attend the appointment without dad. It turns out that eldest brother was attempting to (without consulting any sibling) become dad's carer!! This was around the same time as the post office book incident. It's the same GP that signed off on dad being compis mentis 2015 so would be aware of EPOA being initiated. I am not sure if this would have gone through (eldest brother being carer).

EPOA papers have been sent by registered post to the notified parties yesterday.

We are of course, concerned that eldest brother will attempt to move into the house for some reason or other (he lives minute walk from dad. He seems to work on rotation in different places in the world and this has been in place for 6 years that I can remember - he would be gone for weeks at at time, but it is still a concern he will attempt to move in... ) I have a few slots of care (free HSE) in place each day at the moment. And I intend to put in another mid day and evening slot (privately paid) as well as it can be lonely for dad and to ensure he is ok.

Eldest brother feels that he is entitled to the house as during the 70s 80s 90s he would have done bits and pieces around the house. He painted it also about 10 years ago. Dad pays him for all the work - but again, I have no proof apart from dad telling us that he pays (he gives anyone that does some work/messages etc a few quid) him.

With all the above going on (it's heart breaking) and once EPOA in place, do you think I should seek advice to see if there is anything I can put in place to ensure dad is safe and brother cannot move in? (I will secure his finances any anything else that I can).
 
ClubMan said:
Does that matter?
Surely the "master" copy is lodged with the solicitor?
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I seem to recall the solicitor saying she had a copy.
The initial solicitor dad made will with has retried and new solicitor is in the practice.
I had mentioned to her during EPOA conversations that I had been told about a will and that I was executor, but I didn't read the will. I was aware of its location as dad said where it was. I seem to recall she said she has a copy.

Would this copy be valid?
 
It's most likely that the will your Solicitor holds is the original; but ask and put your mind at rest.

And pack up any other paperwork & bring it home.
 
Thanks and if the solicitor only has a copy for whatever reason, where do I stand? Anyone any experience?
 
howmuchunder said:
Thanks and if the solicitor only has a copy for whatever reason, where do I stand? Anyone any experience?
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IANAL

I would be almost certain that its the original. If for whatever reason, your parent asked to have the original, they will have a paper trail showing that.

Check with solicitor tomorrow; don't borrow worries
 
ClubMan said:
You have power of attorney - ask the solicitor and inform them of any concerns that you have?
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I don't, not yet. The notified parties have been notified and there's 4.3 weeks left before registration.
I have certain reservations about approaching the solicitor. It's a feeling I have from dealing with them. But I'm going to get independent advice from 'my' solicitor and see the right way to handle this.
It's terrible and so stressful.
 
howmuchunder said:
I can recall my dad saying, the time he spoke to me about the will, that apart from the house, all other items to be divided equally, including money.
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Sorry if iv missed it from the above posts but what then is your dad saying will happen the house if money etc is being divided equally?
howmuchunder said:
during the 70s 80s 90s he would have done bits and pieces around the house. He painted it also about 10 years ago.
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Other than the paint job what specifically did your brother do to house during those 3 decades?

howmuchunder said:
It turns out that eldest brother was attempting to (without consulting any sibling) become dad's carer!!
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I agree thay all siblings should be consulted if one is proposing to be a carer. But to look at this another way - your brother wanted to be your dads carer and care for him - what is so wrong with this?

howmuchunder said:
is anything I can put in place to ensure dad is safe and brother cannot move in?
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Is prospect of your brother moving in with your dad really putting your dads safety at risk? Have you asked your dad if he is ok with his son moving in?

howmuchunder said:
He seems to work on rotation in different places in the world
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Out of curiosity, what type of work does your brother do?


Other than having done some work on the house and possibly looking after your dad and helping him every so often and living across the road - is there any other reasons why your brother might feel like he is, as you put it "entitled", to the house?

I appreciate that your dad is not in great health but is it possible to ask him and get clarity on his wishes for the house, ideally in the presence of 1 or more other siblings?
 
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Take things one step at a time; make a list of what you need to do, get help from your other siblings.

You are doing the best you can; your Dad needs you now & this is your chance to say thank you in a practical way for all that he did for you and the family when you were growing up.

Don't let yourself get sucked into the drama from other folks & look after yourself as well.
 
ArthurMcB said:
I agree thay all siblings should be consulted if one is proposing to be a carer. But to look at this another way - your brother wanted to be your dads carer and care for him - what is so wrong with this?
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Hi Arthur McB.
I won't go into it here, but basically my father does not trust this brother, and rightly so.
 
This happened to a friend of mine. She was legally responsible for looking after her aunt. She contacted everyone (suspected and not suspected) concerned, said that she legally had no choice but to report the matter to the Gardai if the items were not returned or their value. She said that she had some information about who took the goods (she did not but had a very strong suspicion). She gave two weeks grace to return the goods or value. It worked.
 

My issue is that I may get back (if I get a response) that they were gifted.

I checked yesterday and the will is now gone. The original. So I have booked time with an independent solicitor to ask for advice on the next steps.
 
GoldWings said:
My issue is that I may get back (if I get a response) that they were gifted.

I checked yesterday and the will is now gone. The original. So I have booked time with an independent solicitor to ask for advice on the next steps.
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Yes. But you won’t know until you ask. You have to ask. You don’t need a solicitor to tell you that.
 
DeeKie said:
Yes. But you won’t know until you ask. You have to ask. You don’t need a solicitor to tell you that.
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And what if the person that took the will says that dad revoked the will in their presence? That dad tore it up in front of me? Dad didn't, he would have said. But what if this happens? Anything is possible given someone would go so low as to take someone's will
 

You then may need to pursue a case of Undue Influence against the family member in question.
 
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