Stealing From A Dead Persons Bank Account

[tina88]

It has come to light my brother has been helping himself to mums bank account. Mum had been in hospital before she passed away, so brother is saying he had mums permission to take it from the bank. But he withdrew £400 the day after she died from her post office account. The money paid into this account was for her pension and attendance allowance which he has helped himself to. The attendance allowance should have been stopped whilst she was in hospital so I am sure they will be wanting that back! Mum died intestate an brother is telling siblings she left no money, which is a lie, over the past 2 years she has given him thousands, none of my other siblings know this - yet! There are 6 of us. I have now put a stop on the post office account and have to fill a form in for third party disclosure. I am sure she has another post office account too so I am hoping the post office can confirm this. I have reported this incident to the police and they have been to see my brother but the officer is away until next week so I don't yet know the outcome. He took £4k from this account whilst mum was in the hospital and as stated £400 the day after she died. I am expecting the police will just slap his hands and get him to put the money back? No wonder he can afford to buy 4 properties abroad!!

[bednobs]

perhaps she didn't have any money? If she hhas given him thousands, she might not have had any left?

[tina88]

There is a lot more to this story which I cant go into on here Bednobs. But she defo had money. Between her pension and her late husband she was getting around £1200 per month. Her outgoings were £300 tops!

[EDDIE51]

Hate to have to say this, but how can it be proved she did not give him permission to take the money now she has passed on? He will say he had permission and now that cannot be disproved. The account should have been stopped from the day she died, so anything taken out after that can be proved as unlawfully taken.

[Zacs-Master]

How did he actually take out £4k unless your mother had made him a signatory to her account?

[EDDIE51]

If she made him a signatory to the account I do not see what you can do. But the £400 taken after she died WAS illegally obtained, as her permission to take cash from her account expired as soon as she died.

[Zacs-Master]

Well, what you can do is try to prove she wasn't of sound mind when (if) she did it.

[kuulteach]

Any benefits paid into her account after she died should be paid back ..... well no not legally ... when my mum died she continued to be pad het pension and disability allowance for six week .... when ,' they' wrote to me asking for me as her carer to pay this I phoned them and was advised that they have the right to ask for the over payment to be repaid..but no legal powers to follow this through... since she had to sell her home and pay 1000k a week for her care I declined... never heard anything back...... but any money taken from your mum's account from the date of her death is fraud. as a potential person of interest you can ask for her bank statements
..Don't need a solicitor just write directly to her bank ... you may want to do a search of her possible unknown bank accounts

[tina88]

Thanks for the replies. How do I do a search on her accounts, is this something that can be done online or do I need to go into banks/building societies.

[tina88]

Its a post office account, with a card, not an ATM so he went into the bank and withdrew it, he is not named as a third party. We have a feeling it was his wife (bonny & clyde) went into the bank and withdrew it.

[Zacs-Master]

They took £4k out on a card in one transaction? Are you sure?

[tina88]

No he went into post office and drew it over counter about 7 transactions.

[EDDIE51]

just seen this again. He made 7 or more transactions by using her card?
Did she know he had her card? Did she give him the PIN? . It looks like fraud to me.