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Posted: Sun Oct 07, 2018 8:14 am
Hi I’m struggling at the minute my Mum is going into a care home she lives in rented property which we will have to give back to landlord meaning we have To sort through her stuff, my sister has took charge and has started selling furniture ect thing is in my mums will she has left everything to her grandchildren (our children) I don’t know what to do or what to say should I step in and say anything we sell the proceeds should go back to my mum? Or do I just keep quiet and keep the peace.
Posted: Sun Oct 07, 2018 12:33 pm
Your posting reads like a civil ( Even criminal ? ) matter as opposed to a caring matter ?
The taking of another's property with / without consent ?
A subsequent fire sale with / without the owner's consent / knowledge ?
Depending on the total financial situation , the local LA might even have a lieu on the assets ... if some purchased as , say , investments with monies triggering a " Deprevation of assets " claim ... rare but not unknown.
Down the line ... the Will ... certain assets specified to be bequeathed to named beneficiaries ... the Executors would certainly be asking questions !
As such , the grandchildren ... a " Reversionary " interest in certain assets ?
Who is protecting their interests ?
Ethical ... in the circumstances ?
Long shot but relevant ... if your mother left the care home and wanted to return to a BTL " Home " ?
One I would associate being in the remit of your local CAB ?
If followed through , even the local police to be involved ?
Shop your own sister ?
Thereafter , charges to be brought ?
Who is protecting your mother's interests ... along with her assests ... from the vultures ... thieves even ???
Suffice to add ... what will your mother's reaction be when she is told ... and by whom ... you ... or the police ?
Would she agree with your views on all this ... as the victim ?
No advice ... just observations and questions.
In this case , I consider givng ANY " Advice " would be a little dangerous to say the least.
Will any other posters share my view ?
That's for them to decide.
What follows ?
Only you can decide on the " Correct " way forward.
Others may be along to express their observations.
Posted: Sun Oct 07, 2018 5:14 pm
As a former lawyer (albeit not in this field) my advice would be to seek legal advice immediately. You may be able to get a fixed fee interview with a solicitor under the Legal Aid scheme. Citizens' Advice will certainly be willing to suggest what you should do.
Stress your mother's situation, the fact that this is being done without her knowledge or consent, and be sure to say "she's a vulnerable person" over and over again.
Posted: Sun Oct 07, 2018 7:17 pm
I agree with Kate.
Does mum have dementia, or physical problems, needing a care home?
Does anyone have Power of Attorney?
Mum's stuff is MUM'S until she dies, whatever the will says is irrelevant at this stage.
What has your sister sold, to what value? Is she pocketing the money or paying it into mum's bank account, where it belongs?!
Posted: Sun Oct 07, 2018 9:21 pm
Does your sister have the power of attorney?
Is your mum happy for her things to be sold off?
Is she acting in the best interests of your mother?
That would be my first three questions as if not then she has no right to sell her things
Posted: Sun Oct 07, 2018 9:38 pm
If the property is rented, then it needs to be cleared as quickly as possible to minimise the amount of rent payable.
The best way of doing this is to remove personal possessions and getting a clearance company in. They won't pay much, but that means the flat is cleared quickly.
There's little point in procrastinating if the only things of value are a fridge and a cooker. On the other hand if there is value in the contents, that's a different story. I've now emptied 3 houses. Each was different, one rented, emptied very quickly, thanks to a dealer and a massive bonfire of furniture full of woodworm. By far the easiest.