My mother recently sold her house and divided the proceeds between her four children,this decision was made after being offered a home with my sister.My mother, after dividing the money and paying off a small mortgage should have £24000.00 in addition to her monthly pension etc. She has fallen out with my sister and doesn`t wish to remain with her. She keeps her belongings in her car and now stays with me or my daughter .I have discovered that Mum has no direct control over her finances when she asked my sister for her bank statements those made available provided no evidence that she has any money left from the sale of her home and she has only 2000 in her account ,she has a monthly income with pensions etc of £1600 she has been living with my sister since January pays the gas bill , her food car and petrol...just doesn`t add up.My sister claims Mum is mad and my two brothers have sided with my sister.Surely if we have all been given a lump sum and she is so very unhappy ,cries all the time it is only right to give her her money back and find her a home. I or my daughter could step in and use my share of the money to provide her with a downstairs shower room/toiletl and bedroom of her own.My brothers have not been in touch with me I feel we should have a meeting,mum is 79 has a heart condition and is extremely distressed, surely we all have a duty to ensure she is safe and has a place to call her own regardless .We have all received £46000 .00.We have all benefited I think it is shameful ! I am a registered nurse and am aware that this situation is unacceptable, my mother is a vulnerable elderly individual and is not to be condemned.
System of Law: England-and-Wales
Good morning, welcome to Just Answer. This is a terrible situation you have explained but I do not know the question you are seeking an answer to, could you please clarify how it is I can help?
she did not sign any document giving away her half of the proceeds so should we all be giving it back so she can have somewhere to live,she has no independent access to her bank account and what money she should have is unaccounted for.She did not as far as I am aware sign documents to waiver rights to the above,she can`t have spent in excess of £25000 in three months
Hi, I do appreciate your concerns, however, it appears your mother gifted this money to you and your brothers/family, for which she was under no obligation to sign any legal document, nor are they obliged to pay it back.
I am afraid that the only obligation on you or your family is a moral one, not a legal one.
With regards XXXXX XXXXX money in her account, if this was taken without her consent and this can be proved then you may have recourse to try and recover this. Obviously if you do wish to take this step, you would need to report this to the police.
Sorry this is probably not the answer you were hoping for, but I am afraid that there is little you can do to force your family to return a gift, if they are unwilling to assist.
Solicitor & Partner
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).