Probate never completed
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Brynismydog wrote: »Completely agree, this should have been sorted but nobody would do it, every time the issue was raised the occupier got shirty and would not speak about it.
Of course they did , they would have lost their free accomodation by dividing the house 5 ways.On what legal basis would the two be excluded?
Simple, back rent would have wiped out their share , if there is a share at all.0 -
Morally you are probably correct though an arbitrary amount like this is unlikely to have a legal basis. Of course if someone has applied for letters of administration, and been granted them, and then done nothing they would be liable to the estate for all the losses incurred.Of course they did , they would have lost their free accomodation by dividing the house 5 ways.
Simple, back rent would have wiped out their share , if there is a share at all.0 -
I'm gobsmacked that someone would advocate literally throwing away a 17-year lease on a house. Fancy paying my mortgage for 17 years?0
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ThePants999 wrote: »I'm gobsmacked that someone would advocate literally throwing away a 17-year lease on a house. Fancy paying my mortgage for 17 years?
Leases should be extended before they fall below 80 years otherwise it becomes very expensive to do so. At 17 years someone would have to raise a serious amount of money to extend the lease and there does not appear to be money in the estate to do so, and I can't see the beneficiaries raising the money in this case.
If the place is in reasonable condition to rent out then their is some potencial there, but again under the circumstances I suspect that money would have to be spent to get the place up to scratch, and there is the problem of who is going to take responsability of being the landlord for the next 17 years.0 -
I didn't say extend the lease. But how about, y'know, LIVE in the house? The OP refers to "the 2 adults living in the property rent free and mortgage free", and presumably they'd quite like to continue doing so. You suggested that in order to solve the problem of 2 children getting a benefit and 3 children getting none, they should surrender the lease and have NONE of the children getting any benefit - which sounds like lunacy to me!Keep_pedalling wrote: »Leases should be extended before they fall below 80 years otherwise it becomes very expensive to do so. At 17 years someone would have to raise a serious amount of money to extend the lease and there does not appear to be money in the estate to do so, and I can't see the beneficiaries raising the money in this case.
If the place is in reasonable condition to rent out then their is some potencial there, but again under the circumstances I suspect that money would have to be spent to get the place up to scratch, and there is the problem of who is going to take responsability of being the landlord for the next 17 years.
Here's a suggestion: how about the 2 people living there pay 1/5th of the market rent to each of the other 3?0 -
ThePants999 wrote: »I didn't say extend the lease. But how about, y'know, LIVE in the house? The OP refers to "the 2 adults living in the property rent free and mortgage free", and presumably they'd quite like to continue doing so. You suggested that in order to solve the problem of 2 children getting a benefit and 3 children getting none, they should surrender the lease and have NONE of the children getting any benefit - which sounds like lunacy to me!
Here's a suggestion: how about the 2 people living there pay 1/5th of the market rent to each of the other 3?
If you had read the opening post you will have seen that one of those people has died and the other is now in care. Yes the other 3 could move in, but assuming they have there own place why would they want to. This mess is down to the 5 beneficiaries, and if none of those can be bothered to sort it out, then I don't see why the OP should make make life difficult for themselves by trying to sort out someone else's mess for little or no gain.
One other point I failed to make earlier, for leasehold properties it is the leaseholder who is responsible for paying for repairs, so there is a chance with such a short lease that should the property have been allowed to fall into a poor state of repair, those repair bills could easily exceed the value of the remaining lease.
In the OPs shoes I would not touch this with a very long bargepole.0 -
Hello All,
Need to open this up for some help please and give an update to this issue.
I have had the house valued by a local estate agent and does have far more value than I anticipated even with the short lease, approx £140k so worth sorting.
This was my grans house and when she died my mother and brother were probate administrators but never sorted out the house portion of probate i.e splitting the house between themselves and 3 other siblings. The brother died so I became his administrator, to complicate things further my mother has recently died so now both probate administrators named on my grans grant of representation are now deceased. I am also now probate administrator for my mother. I now need to sell my grans house as I need to distribute my grans house estate to the rightful persons.
Next steps, what do I do ? As I am administrator for both of the deceased who were administrators for my Gran have I the power to sell and distribute the house assets ?
Do I need to go back to probate office and reopen probate for my Gran ?
Thanks in advance for any help.0 -
Sympathies for all you have been through.
I would begin with the Probate Office. They are normally very helpful. It is possible that you have to go down a different route, but begin with them, as they will know who best to contact.
Then I think Citizens Advice Bureau, or a similar local agency - some areas still have Law Centres or other agencies offering a small amount of advice. You local library will point you at the best one in your area.
Assemble your papers:
the situation on your nan's death
a list of beneficiaries still living
any papers relating to your uncle in care - and the name of his social worker or named worker
property valuation
I hope you can find some help to plough through this - I wish you luck.0
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