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Legal matters

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Original poster

Mothers bank accounts

59 replies

Justjackbutterfly · 12/04/2021 18:56

Can anyone give me some advice please.
Found out my older brother (only us 2 siblings and mother 93 is a widow) has had his name added (a couple of years ago) to all my mothers bank accounts 😥 bro and I are both POA for mum who has a will with her solicitor stating everything (house & money etc..solicitor has copys of all bank books/ accounts but when they were only in mums name..account numbers are still the same) is to be split between my brother and I. Brother and I share looking after mum but brother pays her bills etc. I have a sinking feeling about that when mum dies he will not be truthful about the money..mum is frail so dont want to upset her as brother can be quite bossy ☹

OP posts:
Theunamedcat · 12/04/2021 19:00

You have financial POA? get bank statements sent annually

LubaLuca · 12/04/2021 19:01

Do you mean he will claim half the money in the accounts as his own and not as part of your mum's estate, so you'll get half of her half while he gets three quarters of the balance ('his half' plus half of your mum's half)? Does he have a history of being dishonest about money?

It is unusual that your mum wanted him as a joint account holder when he already has POA and could transact on those accounts anyway.

Palavah · 12/04/2021 19:02

I'd be concerned too given that you both have POA. Have you asked him why he's done it, and does he realise it has implications for the estate?

Original poster
Justjackbutterfly · 12/04/2021 19:05

When dad died and mum, brother and I had to go to solicitor to sort out the will..brother and I was made POA ....will this be enough? Mum is frail and and I don't want to worry her. She trusts us but I don't trust my brother when she is no longer here ..hopefully she will live many more years .

OP posts:
Palavah · 12/04/2021 19:08

But the bank accounts being in joint names for your brother will mean that, when she dies, the money in the account is his, not part of her estate to be divided equally between you two.

Theunamedcat · 12/04/2021 19:08

Actually that is a concern would he be able to claim all monies as joint therefore his after death 🤔 you need a solicitor

Original poster
Justjackbutterfly · 12/04/2021 19:09

He said it's just to pay her bills as she cant get out of the house now due to her being frail.. I got the shock of my life when she showed me her accounts with his name also on 😥 she thinks it's just so he can pay her bills etc.

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Original poster
Justjackbutterfly · 12/04/2021 19:12

He has never paid anything at all into the accounts..its money our dad left to mum and her pensions etc. The solicitor who holds the will has all the account information.

OP posts:
LubaLuca · 12/04/2021 19:14

That's what the POA is for - to allow transactions on behalf of and for the benefit of your mum but with no claim on the funds.

Speak to your mum and encourage her to remove him from the accounts and get the POA registered with the banks instead.

Palavah · 12/04/2021 19:29

As above - the POA allows you to transact on the accounts on your mum's behalf but does not impact the ownership of the money.

His name should not be on the accounts.

Original poster
Justjackbutterfly · 12/04/2021 19:34

I'm going to make an appointment with the bank tomorrow and speak to someone. I will take my POA form in and explain things to them..mum has just come out of hospital and I dont want to worry her 😥

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Original poster
Justjackbutterfly · 12/04/2021 19:41

I also think him and his wife are maybe executors.

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HollowTalk · 12/04/2021 19:46

Who decided on that?

DogsSausages · 12/04/2021 19:51

Is it now a joint account or was his name added as a third party so he could pay her bills and manage her account. If you have financial poa then take that to the bsnk. Are you and your brother joint attorneys.

Original poster
Justjackbutterfly · 12/04/2021 19:52

No I think my brother and his wife are

OP posts:
LubaLuca · 12/04/2021 19:52

When she's better, get your mum to remove him from the accounts, and you and he can register the POA with the bank. Everything is then open to scrutiny as should be the way when you've been chosen to look after someone's affairs. Presumably your brother will be happy to go along with this as it will make no difference to him re paying bills etc, but it protects your mum's wishes as per her will (it doesn't matter who the executors are).

Can you and your brother act jointly and severally as attorneys?

CheeseCakeSunflowers · 12/04/2021 19:53

With joint accounts when one party dies their name is removed from the account and it continues in the survivors sole name. This means all funds would become your brother's on your mother's death regardless of what the will states.

DogsSausages · 12/04/2021 19:57

Your brother and his wife are what? Execitors oh her Will or joint poa attorneys.

Original poster
Justjackbutterfly · 12/04/2021 20:03

Brother and wife are executors
Brother and me are POA.
My late dad was 'old school' and made the original will ( brother is 7 years older than me) and when dad died all his money and share of house went to mum and everything else was left the same ( on death of both parents everything has to go 50/50 to brother and me)

OP posts:
Original poster
Justjackbutterfly · 12/04/2021 20:11

I wish mum was well enough to go on a round the world trip a few times to use all her money up 😥 feeling sick in the pit of my stomach that I will have to speak to my brother about this

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LubaLuca · 12/04/2021 20:19

Don't feel bad about talking about her finances - your mum chose you and your brother to be her attorneys because she expects and trusts you to have these conversations.

In all likelihood your brother's been added on to the accounts for perfectly innocent reasons because the purpose and function of the POA hasn't been understood properly by any of you.

Original poster
Justjackbutterfly · 12/04/2021 20:22

I hope it's just that

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TheFlis12345 · 12/04/2021 20:24

If he has nothing to hide then he will have no reason to get annoyed with you for asking.......

soditall56 · 12/04/2021 20:34

When you see his name on the statement does it show mr xx xx poa of mothers name or just his name?

If it's just his name, he's entitled to what's in the account. If it shows poa for mother's name then he's named on the account as poa.

I would still seek legal advice and perhaps take the poa doc into the bank to show he shouldn't be named on the account for any other purpose than as a poa

LubaLuca · 12/04/2021 20:39

I would still seek legal advice and perhaps take the poa doc into the bank to show he shouldn't be named on the account for any other purpose than as a poa

You can be a joint holder and a POA. The two aren't mutually exclusive.