Dead Mother's Bank Account

[jackiegerm]

My mum died in a hospice on Wednesday (during my sister's visit) after living with my family F.O.C. for the last 13 years.
On Thursday my sister emptied her bank account, apparently to distribute the monies to 3 named people (unbeknown to us).
We are arranging the funeral and paying the costs.
Surely she can't do that?

[cathfromsaron]

how did she? was she named on the account?

call the police and consult her solicitor!

[factor-fiction]

No. Even if she's had power of attorney that would no longer be effective after her death. I'd send a copy of the death cert to the bank and ask them to recover the money. You could also advise the police.
Who are thee executors?

[cathfromsaron]

were the three people beneficiaries in a legal will?

not that it makes it legal!

[LoftyLottie]

Banks will release certain amounts of monies to next of kin on presentation of a death certificate, A form is issued which has to be signed by a solicitor. I know because I did it myself. However, I was the only child. The banks all seem to have different amounts that they are prepared to release. I was able to close the account and a cheque was made out to me. This was declared for probate.

[LoftyLottie]

I was not the named executor.

[jackiegerm]

Boy, that was quick, thank you. Mum had apparently given her account card and PIN! BUT, when we collected her belongings her PIN was written in about 3 diaries - and not discretely.
I'm guessing that mum may well have requested this, but surely the funeral should be paid before divied up?
Executors are 3 friends, apparently, she is posting the card to us with an explanation!

[lcg]

it is theft and possibly fraud, i would think. your mum passed on wednesday (and i would like to pass on my condolances to you) and as such, her belongings/posessions would be subject to the terms of a will and/or any pre-existing agreements/financial advocates. call the police to report it, contact a solicitor and i really can't believe someone would do that (actually, with my family, i can), but it is just disgusting. i hope you are able to sort things out. regards x

[jackiegerm]

We collected the death certificate along wth her belongings.

[jackiegerm]

Thank you. I was totally shocked when she knew we would be paying for the funeral (my sister was estranged from our family for 10 yrs and contact resumed last year when mum got the cancer). I guess it's her way of getting back at us?

[lcg]

i would also contact the bank where the account is held. it is an offence to use a debit/credit card belonging to someone else without any legal/documented authorisation....which your sister would not have. she sounds like a complete toad.

[jackiegerm]

No will or agreements as far as I'm aware, as a Solicitor was due to see her Today regarding a will.

[LoftyLottie]

If she used your Mum's card after her death then it is fraud. The bank would not have been aware of your Mum's death because a bank account is put on hold immediately a bank is notified of a death, and cards would not be accepted.

My situation was different. I informed the bank of her death and went through the due process. Banks will release monies for funerals. You need to intially speak to the bank to find out the facts.

[Jumbo747]

The bank account should be frozen on the death of the account holder. Contact the Bank immediately. What's happened is dreadful, at a dreadful time for you; hug!

[Postdog]

Doesn't help but it's a sad fact of life that a death can result in these rifts. I had it myself when a sister felt I had diddled her out of a share of the house my mum and I bought together, though the reality is she never would have been entitled,

[jackiegerm]

Thank you, everyone. Had I thought this would happen I would have gone to the bank yesterday with the death certificate. But I'm presuming she would have been there at 9a.m. knowing that we still had to collect the certificate.
I will contact the police and visit the bank on Monday to find out the size of the nest egg.

[cathfromsaron]

NB: executors distribute the effects, beneficiaries receive them.

hope it gets sorted soon.

[factor-fiction]

The bank may not give you any information about the size of the 'nest egg' or indeed about whether withdrawals were made after teh date of the death, but they will need to know of any fraud as soon as possible

[jackiegerm]

I'd be able to print a statement from the cash point before I go in?

[gness]

To print a statement from the cash point wouldn`t you have to use your late mother`s card? Don`t do anything your sister can use against you. She could say you intended to withdraw money.

[jackiegerm]

Good point! I'll go in and see how helpful they want to be. Thanks for that advice!