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Original poster

Another sort of inheritance issue

15 replies

WillsandGrace · 03/12/2024 09:19

Name changed for this. I know I have to consult a solicitor but just posting here for initial thoughts.

Parent passed away. Everything goes to other surviving parent. As per Scot's law half of bank account monies after fees etc goes to surviving spouse, the other half gets split between children.

My sibling has since told me that decisions were made to spend deceased parent's money including savings on repairs etc for parental/family home, I'm assuming prior to the will being finalised. As far as I'm aware my parents always had separate bank accounts, nothing joint.

As Power of Attorney ends upon death, were they legally allowed to do this? There's other factors but that's the brief version!

OP posts:
LordEmsworth · 03/12/2024 10:56

My sibling has since told me that decisions were made to spend deceased parent's money including savings on repairs etc for parental/family home, I'm assuming prior to the will being finalised

Do you mean that your surviving parent spent substantial amounts from the bank account on repairing their home, before splitting the remainder 50/50? And you're asking if that's allowed, because you plan to consult a solicitor to get "your full share"?

I would only be doing that if I already had a poor relationship with my parent. I assume that's your situation, as you haven't talked to them about this at all and plan to see a solicitor. If you have a good relationship and you want to continue to do so - I wouldn't be asking those questions at all...

Original poster
WillsandGrace · 03/12/2024 11:16

It's not in so much to get my full share, the money has been spent so I'm not expecting anything. It's more the principle and if it was their money to spend.

I just want to know the legalities of it, as these 'decisions' were made between parent and other siblings, I wasn't consulted at all. It's more complex than that but I'm trying not to go too far into specifics.

OP posts:
Gasp0deTheW0nderD0g · 03/12/2024 11:22

I'm sorry for your loss. Flowers

I am not a lawyer and am struggling to understand what's happened here. When was the money spent? Before or after your parent's death? Who is the executor? Power of attorney is only relevant when the person it relates to is alive. Once they are dead, their affairs are in the hands of the executor. If the deceased parent did not have a joint account, I thought the surviving parent and children should not have been able to touch the money before getting probate (or whatever the Scottish equivalent is).

Original poster
WillsandGrace · 03/12/2024 11:49

Gasp0deTheW0nderD0g · 03/12/2024 11:22

I'm sorry for your loss. Flowers

I am not a lawyer and am struggling to understand what's happened here. When was the money spent? Before or after your parent's death? Who is the executor? Power of attorney is only relevant when the person it relates to is alive. Once they are dead, their affairs are in the hands of the executor. If the deceased parent did not have a joint account, I thought the surviving parent and children should not have been able to touch the money before getting probate (or whatever the Scottish equivalent is).

Thank you.

I'm assuming my parent was POA for my now deceased parent when alive. Not sure who was the executor, other parent?

I assumed they couldn't touch the money either, however when I received a lawyer letter around a year after the death, advising me of the amount I could accept or reject, I was surprised at how little it was considering a few factors. I asked surviving parent what I should do and they said they didn't mind, so I accepted.

I then received a nasty message from one sibling who appears to be calling a lot of the shots since parent's death asking why I had accepted the (paltry) amount as they had to pay for x, y and z (all of which I haven't been kept up to date with so didn't have a clue about) and would put things into a deficit, which I didn't understand, and I would've received this amount anyway once the money had been paid out by other parent. Parent also advised that deceased parent wanted us to have x amount, a vast amount more but they had spent his savings on home repairs.

This has led me to believe that they have spent this money after death but prior to will being sorted and if this was allowed, which is what I'm trying to determine.

OP posts:
Gasp0deTheW0nderD0g · 03/12/2024 11:52

You probably need to speak to a lawyer, but that doesn't sound right at all. Having said that, pragmatically, if you and your siblings are in line to inherit the house it is in your interests for it to be kept in good order.

Noras · 03/12/2024 11:56

What are you hoping to achieve here. Are you looking for an expensive argument with a lawyer for the sake of it or pragmatic solutions?

Your mother is in a home which was in disrepair. Some money on your dad’s account was spent to repair it. Maybe some of that money should have gone to you but it seems like the house needed fixing.

Meganssweatycrotch · 03/12/2024 11:58

A joint account doesn’t mean joint funds or half the funds. If one party dies their name is taken off and the remaining funds become the sole survivors. Unless their is a claim from the deceaseds estate. This is in Scotland only.

https://www.citizensadvice.org.uk/scotland/family/death-and-wills/after-death-dealing-with-an-estate/#:~:text=Account%20in%20joint%20names%20of%20married%20or%20civil%20partners&text=Most%20banks%20allow%20the%20surviving,to%20funds%20in%20the%20account.

Musicaltheatremum · 03/12/2024 12:25

"As per Scot's law half of bank account monies after fees etc goes to surviving spouse, the other half gets split between children. "

Not sure what you mean by as per Scots law as this certainly isn't my understanding...the will would have to stipulate this....I'm not a lawyer so someone may come and correct me...but I have been dealing with estates recently and I've recently done my own will.

Another2Cats · 03/12/2024 14:06

@WillsandGrace "Parent passed away. Everything goes to other surviving parent. As per Scot's law half of bank account monies after fees etc goes to surviving spouse, the other half gets split between children."

"As far as I'm aware my parents always had separate bank accounts, nothing joint."

This isn't right. Assuming there was a will, then the surviving spouse would have one third and the children/grandchildren would also share one third. The remaining third would be distributed according to the will.

If there wasn't a will, so the parent died intestate, then there are different rules. From what you've said it sounds as though there was a will.

"...I received a lawyer letter around a year after the death, advising me of the amount I could accept or reject"

"I then received a nasty message from one sibling ... as they had to pay for x, y and z ... and would put things into a deficit, which I didn't understand,"

Your sibling has been up to something which, if it isn't dodgy, then is decidedly reckless at least.

"This has led me to believe that they have spent this money after death but prior to will being sorted and if this was allowed, which is what I'm trying to determine."

The legal rights that exist under Scottish law to either one third or one half of the moveable estate are treated as a debt owed by the estate - just like if your parent had an outstanding mortgage or credit card debt when they died. This should be paid off before any money is distributed.

Part of this process is having the children and spouse either "accept" or "reject" their legal rights. That is what the letter from the solicitor was about. If you had rejected your rights then that money would be added back into the pot and distributed according to the will.

It sounds as though your sibling has spent all (or most) of the money after your parent passed away. The solicitor has now been in touch with him saying that he needs to pay you £x which is the amount of your legal rights. Since your sibling has spent all (or most) of the money already they are now required to pay you that money and it sounds as though they don't have it.

Original poster
WillsandGrace · 03/12/2024 14:48

Another2Cats · 03/12/2024 14:06

@WillsandGrace "Parent passed away. Everything goes to other surviving parent. As per Scot's law half of bank account monies after fees etc goes to surviving spouse, the other half gets split between children."

"As far as I'm aware my parents always had separate bank accounts, nothing joint."

This isn't right. Assuming there was a will, then the surviving spouse would have one third and the children/grandchildren would also share one third. The remaining third would be distributed according to the will.

If there wasn't a will, so the parent died intestate, then there are different rules. From what you've said it sounds as though there was a will.

"...I received a lawyer letter around a year after the death, advising me of the amount I could accept or reject"

"I then received a nasty message from one sibling ... as they had to pay for x, y and z ... and would put things into a deficit, which I didn't understand,"

Your sibling has been up to something which, if it isn't dodgy, then is decidedly reckless at least.

"This has led me to believe that they have spent this money after death but prior to will being sorted and if this was allowed, which is what I'm trying to determine."

The legal rights that exist under Scottish law to either one third or one half of the moveable estate are treated as a debt owed by the estate - just like if your parent had an outstanding mortgage or credit card debt when they died. This should be paid off before any money is distributed.

Part of this process is having the children and spouse either "accept" or "reject" their legal rights. That is what the letter from the solicitor was about. If you had rejected your rights then that money would be added back into the pot and distributed according to the will.

It sounds as though your sibling has spent all (or most) of the money after your parent passed away. The solicitor has now been in touch with him saying that he needs to pay you £x which is the amount of your legal rights. Since your sibling has spent all (or most) of the money already they are now required to pay you that money and it sounds as though they don't have it.

Edited

Thank you for that, very helpful. A lot to think about and I'm not sure what to do next. An expensive argument like a PP said is all that's likely to occur but I feel really aggrieved about the whole thing.

OP posts:
Gasp0deTheW0nderD0g · 03/12/2024 14:51

It sounds as if either the solicitor didn't make this clear to your sibling or your sibling failed to take it in, possibly because it wasn't what they wanted to hear. Bit of a mess, from the sound of it.

B0RING · 03/12/2024 15:06

It’s not just a share of the bank acount , it’s of the whole movable estate. Didn’t your late parent have any pension, life insurance etc ?

i dont undedtahd why you think that your mother spent your fathers money after he died? Surely you know the date when the roof repairs were done!

And how do you know whether or not your mother funded it from her own money?

It’s perfectly possible that your father said “ I want to leave my kids £x “ but by the time he died that has all been spent. That’s very normal , surely you would want your elderly parents to live in a house thats in good repair?

Did you claim your legal rights or take what was left to you in the will? I’m not clear which .

Also I don’t understand why that affects your sibling , they don’t have to do the same as you.

AKAanothername · 03/12/2024 15:12

If it wasn't a joint bank account then it should have been frozen. POA stops at point of death, nobody should have been spending any money from a deceased person's bank account.

Another2Cats · 03/12/2024 15:18

B0RING · 03/12/2024 15:06

It’s not just a share of the bank acount , it’s of the whole movable estate. Didn’t your late parent have any pension, life insurance etc ?

i dont undedtahd why you think that your mother spent your fathers money after he died? Surely you know the date when the roof repairs were done!

And how do you know whether or not your mother funded it from her own money?

It’s perfectly possible that your father said “ I want to leave my kids £x “ but by the time he died that has all been spent. That’s very normal , surely you would want your elderly parents to live in a house thats in good repair?

Did you claim your legal rights or take what was left to you in the will? I’m not clear which .

Also I don’t understand why that affects your sibling , they don’t have to do the same as you.

"Did you claim your legal rights or take what was left to you in the will? I’m not clear which"

From the OP at 11:49

"...so I accepted."

"Also I don’t understand why that affects your sibling , they don’t have to do the same as you."

I would guess that the sibling may be an executor of the will. If they have paid out the beneficiaries of the will without first paying those that want their legal rights (the OP) then that is going to cause the sibling a big headache in resolving the situation.

"And how do you know whether or not your mother funded it from her own money?"

I don't think all of the back story is relevant, but what is relevant is the letter from the solicitor advising the OP of the value of her legal rights. I assume the solicitor would have done their due diligence with regard to the total value of the moveable estate at the time of death.

That the sibling is now saying that her legal rights will put the estate into a deficit suggests that the sibling has distributed the money already.

Original poster
WillsandGrace · 03/12/2024 15:20

i dont undedtahd why you think that your mother spent your fathers money after he died? Surely you know the date when the roof repairs were done!

Because she told me that they had (and my other sibling together with my second sibling) had all decided to do so.

How would I know the date of any repairs? They don't tell me anything and I don't live there.

I'm in agreement that the house my living parent needs to be habitable but trust me when I say she's not living in a hovel, and I'm not sure everything that's been done to the house (from what I can gather as I'm not consulted on decisions) was in desperate need.

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