how to get dead mums savings for grandkids when no info available

[lyn-cox]

my mum died with no will and my dad took control of her finances. i am next of kin but was not in fit state to think clearly after her death so let dad do as he wished, only now iv realised mum saved for my children, iv asked dad aout the savings but he claims mum withdrew there money before she died, i know this is a lie as she never knew she was going to die, so really my question is i have 2 banks she could have saved with but how can i find out which one it was and if/when money was withdrawn, how can i get this info without involving solicitors???

[craft1948]

Were your parents divorced?

[lyn-cox]

no married

[craft1948]

Then you weren't her next of kin and as she died intestate he's entitled to the dosh.

[lyn-cox]

never, im shocked, thanks for your reply but how can i find out with banks if hes taken kids money??

[buildersmate]

Unfortunately it isn't the kids money.
I'm afraid that your late mum would have had to have left a will stating she wanted to leave the money in the accounts to the grandchildren, if that was her wish.
When a person does intestate (i.e. without leaving a will), the whole of the value of the estate up to the first £250k goes to the surviving spouse (in England & Wales).
Nothing you can do about it, I'm afraid, unless your dad wishes to make a gift to the grandchildren.

[factor-fiction]

I agree with the above. The only chance might be if the children were actually named on the accounts.

[Old_Geezer]

It's basically been said above but:

Whilst you could always ask the bank, my suspicion would be that their reply would be that it isn't their policy to give out details of what a customer of theirs does with their own money.

I'm not a financial expert but as factor mentions, only is it is in some kind f named trust would it not automatically be your father's money. If you knew where your mum invested the money you could ask there if there is anything in your children's names.

[B00]

How could you have suddenly realised that your mum was saving for your children?

[tonywiltshire]

As ever BM is correct.
The law of intestacy dictate that provided the spouse or registered civil partner survive for 28 days beginning on the day the intestate died, the spouse or civil partner have first claim on the estate, and if there were issue, the amount to which they are entitled depends on the size of the estate. You and other issue will be next and if the estate was large enough for you to inherit (I think over £250,000) go and see a local solicitor.

[factor-fiction]

I think the best thing may be to forget it and move on.

[FredPuli43]

You can always ask the banks whether they hold accounts in your children's names or with their name in it. That's a real long shot, but they ought to tell you yes or no.I'm thinking that your mother might have opened an account for a child's benefit and named it for the child; perhaps as the " [child's name] account" . Then you'd have an argument that the account was held by her as trustee and the proceeds were intended for your child's benefit and should not be treated as your father's.

But the lesson is plain enough. Always make a will or, failing that, make gifts to the child either directly or to the parent for the child's benefit.

[joko]

have you seen her will? or any sort of document saying that this money was for the kids?

if you have something like that then see a solicitor and see if it is legally binding.

if not then merely 'knowing' she wanted it to go to them means nothing in law i'm afraid.... as the others state, the money is legally his.

if you must look in to bank accounts, i dont think you would be able to look at them as he is still alive.

[tonywiltshire]

Joko,
Please read the first six words the questioner mentions, there is no will and therefore as I understand it the law of intestate must surely apply?
If I am wrong would you please be kind enough correct me in law?

[Andyvon]

Something similar happened when my mother died. She occasionally explained to me that everything would go to my step-father on the understanding that my brother and I would share the proceeds of her house when he died. After a few months my step-father met another woman and remarried - then sold the house and the two spent much of their year (and what was my mother's money) on cruises. My brother and I (and it's suspected in the family that my step-father paid my brother quite a sum and me nothing!) could do nothing as all my mother's assets went to my step-father.

I'm afraid there isn't much you can do Lyn as all your mother's assets belong to your father unless your mother made specific arrangements to the contrary.

[joko]

my point was tony, has she ever seen a will or anything to back her up...?

otherwise how does she know...?

[tamborine]

Check father's bank statements. If he's done the dirty, flog his assets.

[bednobs]

how tambo? How would that even help?

[Janezz9]

When my father died 2 of his friends claimed he had told them verbally he would leave them £10,000 each.
My father did not say anything to me.
As far as I was concerned I was the sole beneficiary of his estate according to his will so I took the lot.

Jane

[factor-fiction]

I remember another poster with a similar story, jane.