Net Value of estate

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Mtaitlyado wrote: »
    Thank for suggestions.

    No probate on dad's will so can't check.

    The executor/other beneficiary is my brother, (he's employed a solicitor).
    So why no probate? Does the will still exist? Have you told the solicitor handling probate of your mother's estate? It could be that they have been misled.
  • poppystar wrote: »
    I get the sense you might be a little estranged from your family - is it possible that your mother has already gifted half the house to your brother either when your father died or since? That might explain the discrepancy
    estranged from my brother I guess.. since he became an executor and hasn't contacted me since haha! No, not from my family at all - she could have done I suppose but I would be very surprised.
    So why no probate? Does the will still exist? Have you told the solicitor handling probate of your mother's estate? It could be that they have been misled.
    I'm not sure. I will try the solicitor again (not returned my call so far), thanks. My dad's will was 50/50 split , my brother (executor) and me so I need to verify if this has been revoked? and if not why no probate? Thanks for now.
    Great site and hope I can be of some help to someone else in the future.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    edited 11 March 2017 at 6:12PM
    Mtaitlyado wrote: »
    estranged from my brother I guess.. since he became an executor and hasn't contacted me since haha! No, not from my family at all - she could have done I suppose but I would be very surprised.


    I'm not sure. I will try the solicitor again (not returned my call so far), thanks. My dad's will was 50/50 split , my brother (executor) and me so I need to verify if this has been revoked? and if not why no probate? Thanks for now.
    Great site and hope I can be of some help to someone else in the future.

    so your mum only had 1/2 the house.

    sounds like nothing was done at the time of dds death
    The value may have been without the mortgage.

    probably OK but the issue might be the actual part dad left was not 50% of the house if there was a mortgage at the time, if mum took on the mortgage she should own that bit of the property from that time.
  • Mtaitlyado wrote: »
    estranged from my brother I guess.. since he became an executor and hasn't contacted me since haha! No, not from my family at all - she could have done I suppose but I would be very surprised.


    I'm not sure. I will try the solicitor again (not returned my call so far), thanks. My dad's will was 50/50 split , my brother (executor) and me so I need to verify if this has been revoked? and if not why no probate? Thanks for now.
    Great site and hope I can be of some help to someone else in the future.

    You've confused me here. In OP you said you thought all went to Mum?
  • so your mum only had 1/2 the house.

    sounds like nothing was done at the time of dds death
    The value may have been without the mortgage.

    probably OK but the issue might be the actual part dad left was not 50% of the house if there was a mortgage at the time, if mum took on the mortgage she should own that bit of the property from that time.


    So, the solicitor gave me thirty seconds of his valuble time this morning and after saying he had never received any of messages asking him to phone me? advised my dad’s will left 50/50 split (my brother and me and didn’t/doesn’t need to go to probate.


    So that may explain why the ‘net value, of mum’s will ‘does not exceed £110,00”… half the value of the property if it’s been valued at 260k for example - divide by 2 minus mortgage £30k leaving £100k.
    Would this make sense? I don’t quite understand why my dad’s will doesn’t need probate.


    You've confused me here. In OP you said you thought all went to Mum?

    Yes, sorry… when I said in OP that dad left everything to mum as far as I know, I meant his savings (couple of thousand) and pension.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    probate is not needed when there is more than one owner.

    dads share probably went into a life interest trust(did mum have right to live there)
    probate not needed for dad as mum still owed part.
  • probate is not needed when there is more than one owner.

    dads share probably went into a life interest trust(did mum have right to live there)
    probate not needed for dad as mum still owed part.
    Thank you getmore4less - yes, mum did have the right to live there.
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