Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Probate and Joint Account

11 replies

ScroungingSister · 25/03/2025 08:32

Long sorry. My mother recently passed away. For years my sister and her family have been absolutely rinsing my parents for money. They guilted them into passing over huge sums over the years, as my parents didn’t want their grandchildren to suffer for their parents fecklessness.

They never learned to be financially sensible as the safety net was always there, even when the grandchildren grew up. They started to go to my parents for money for cars etc. this continued long after my father died. There is evidence of this in my mother’s paperwork, copies of cheques etc.

To ensure fairness, my mother opened a joint account with me in order to gift me some of what they have had over the years. Sadly, she was struck by dementia not long after and I had to use this money for care. By the time her property sold all this money was gone. Her estate now consists entirely of the residue from the house sale, and sits in the joint account, which has now passed into my sole name. I cannot keep it, nor would I, as it will have to be passed to her solicitor for probate and shared amongst the beneficiaries (me & my sister).

Am I able to deduct half the care home fees paid from the original money that was in the account before it ran out? I don’t want to do anything illegal, but she wanted me to have the money. Her estate is now below the inheritance tax threshold but she solely provided all funds.

OP posts:
Hoardasurass · 25/03/2025 08:52

As far as I'm aware any monies left in the joint account after someone dies belongs entirely to the surviving named person on the account. As such all the money in the account is yours and doesn't need to be split

ScroungingSister · 25/03/2025 09:03

Thanks. I thought that, as all the money came from the house sale, that it forms part of her estate. I’m not sure where I read this though. I think there may be implications with HMRC but I could be wrong.

OP posts:
AnSolas · 25/03/2025 09:06

You need legal advice and tax advice
If the house was sold when DM had no capacity the money should not have been lodged into a joint account so did you use any money from the account on non-DM items

If she had capacity and decided to lodge the money into the joint account knowing that any remaining money would go to you on her death then you can keep all the money and you are gifting your DS.

Mindymomo · 25/03/2025 09:07

Check with the Probate Office that Probate actually needs doing, if the house was sold and the only asset is now a joint bank account and is under IHT limit.

ScroungingSister · 25/03/2025 09:44

I had LPA and she had no other account by the time she needed care. When the house was sold the account was virtually empty due to the care payments. Since she has been in care the only transactions on the account have been for care and for clothing and personal care items for her. I have kept meticulous records as I was being accused of all sorts by my sister and her family. This was always going to be a clusterfuck.

it just doesn’t seem fair that my sister and her awful offspring have absolutely rinsed my parents, and my own children, who were far closer and did all the heavy lifting along with DH & I don’t get what my mother wanted to pass on through me. My sister lives several hours away, they moved when the dementia became obvious 🙄

OP posts:
ScroungingSister · 25/03/2025 09:46

I will check with the probate office. Thank you

OP posts:
Soontobe60 · 25/03/2025 09:53

ScroungingSister · 25/03/2025 09:03

Thanks. I thought that, as all the money came from the house sale, that it forms part of her estate. I’m not sure where I read this though. I think there may be implications with HMRC but I could be wrong.

The question is, was the house sold before she died? Also, was she a complete self funder? If so, the money in the joint account should have been split at that point and you have your own account with half the money in it. The money from the house sale, if sold before she died, would all have gone into her account as it was her money.
The money now in her account may be seen as joint money.
Your DS could argue that you have ‘rinsed’ your DM by having your name in her account. Your DM made her choices to give your DS money, that’s tough but it’s too late now.

ScroungingSister · 25/03/2025 10:03

I have never taken any money from this account that wasn’t for my mother’s benefit, not from the previous funds, or since the house was sold. The account in both names was set up over 15 years ago. All the money in it at the point that she needed care was used for that. The money from the house was placed in it by her solicitor when it sold. I held LPA so the solicitor saw nothing wrong in the joint account. She was still alive when the house was sold and lived a further two years so the account met all her care payments, around £200k.

I have records to prove all spending. I also have copies of all cheques going back years to prove how much my sister and her family have had. There is some doubt over some of the signatures, but that’s a separate matter.

OP posts:
AnSolas · 25/03/2025 10:09

It will be down to if your DM had capacity when you/she made the decision to sell the house.

Unless the pre-house sale costs were you making a loan to DM her estate owes you nothing as (you) she was using shared money from an account she lodged money into to pay the bills. So you cant deduct that from the account.

But if your mum had capacity you get all the money.

You need to sort out if the money in the joint account is part of her estate or not. So I would be asking the solicitor who you described as her solicitor if DM had capacity at the point of sale Who signed off on the sale transaction was it DM or you using the LPA.

ScroungingSister · 25/03/2025 10:18

It was me using the LPA. Thanks, it looks like the whole amount will be subject to probate. My mother made me her attorney as she knew I would do the right thing. Had my sister held the LPA there would be nothing left.

I’m not trying to be grabby although it may seem that way. The money won’t make a huge difference to our lives but my mother understood that what happened with my sister wasn’t fair, hence the joint account. My sister by now will be climbing the walls to get her hands on her share but I’m in no hurry to release it and begin probate. That’s a tiny victory, albeit a petty one but I can live with that.

OP posts:
Ariela · 25/03/2025 11:21

So sorry for your loss.

Your sister will no doubt be trying to press you to settle some funds to her.
I would resist her demands when they come, and say that the estate has to abide by the rules for probate and IHT, and that all past payments are being scrutinised and she'll get a full report in due course, but for now perhaps she can help you as there is some query about cheque signatures - can she shed any light on eg cheque dated xxx for £££
This should make her back off.

New posts on this thread. Refresh page
Swipe left for the next trending thread