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    • Mrs pbradley936
    • By Mrs pbradley936 5th Jul 17, 4:26 PM
    • 12,579Posts
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    Mrs pbradley936
    I need some help with Probate
    • #1
    • 5th Jul 17, 4:26 PM
    I need some help with Probate 5th Jul 17 at 4:26 PM
    Hello,

    I would like to know if we can sort out a death in the family easily or if we need a solicitor to handle probate and any implications.

    Everyone involved is very amicable and nobody is going to contest any thing but let me outline the circumstances.

    An elderly man has passed away recently and his wife died two years ago. There are two grown up children and any and all assets are to be divided equally between them. The daughter has always lived in the family home and never owned another property. The son (her brother) is married and has a house of his own. On the death of the mother the mother's share of the house passed to the daughter.

    The daughter and her brother want to sell the house and split the proceeds 50/50.

    The house is worth in the region of £650K but how do you go about satisfying the probate people? Is it OK to get a couple of Estate Agents round and take an average?

    Next I am assuming that the father's proportion of the house is what Inheritance Tax is due on BUT if that is £325K or less is there nothing to pay? Or do you have to add up everything else he might have had? There is not a great deal more anyway to include.

    Where do we start?
Page 2
    • Katihannah53
    • By Katihannah53 8th Jul 17, 2:29 PM
    • 3 Posts
    • 3 Thanks
    Katihannah53
    I started reading this thread as I am sole executor and beneficiary of my late husbands estate, and was hoping to find some useful information. I'm disappointed to see an argument springing up and fail to see the relevance to the original question. However, let's ignore that for now. For MrsP - what I have gleaned so far from a very nice man who works for a probate company (although I'm not entirely sure he has my best interests at heart!) is the following. You say the wife died two years ago and the daughter inherited her half of the house, so from that I am assuming that the wife's estate has been dealt with. The threshold for inheritance tax is (currently) £325000, I'm not sure if this was the case two years ago, but if the wife's estate was valued less than this then any remaining unused portion can be transferred to the husband. So for arguments sake, let's say that her estate was valued at £200000, then the remaining £125000 is transferred to the husbands estate giving him a total of £450000 before any inheritance tax is due.
    Now, as I mentioned the nice man that came to see me works for a probate company and did his best to convince me that applying for probate and administering the estate is something that I shouldn't worry my pretty little head about and that his company would do it all for me for around £6500. My question to the forum is is it really such a complicated procedure? I like to think I'm quite an intelligent person, and from everything I've read about it, it really doesn't seem that difficult to me. Perhaps I'm missing something. But all the lists on the various websites that recommend when to use professional services, none if these apply to my husbands estate, it all seems fairly straightforward to me. The only reason I have to apply for probate in the first place is that he owned a property that was in his name only, not joint names, everything else was in joint names. Any advice from people with experience of applying for probate? Thanks
    • Mojisola
    • By Mojisola 8th Jul 17, 2:40 PM
    • 28,006 Posts
    • 71,203 Thanks
    Mojisola
    although I'm not entirely sure he has my best interests at heart!)

    Now, as I mentioned the nice man that came to see me works for a probate company and did his best to convince me that applying for probate and administering the estate is something that I shouldn't worry my pretty little head about and that his company would do it all for me for around £6500.
    Originally posted by Katihannah53
    He definitely doesn't have your best interests at heart!

    That's shocking.
    • Yorkshireman99
    • By Yorkshireman99 8th Jul 17, 2:42 PM
    • 2,802 Posts
    • 2,217 Thanks
    Yorkshireman99
    I started reading this thread as I am sole executor and beneficiary of my late husbands estate, and was hoping to find some useful information. I'm disappointed to see an argument springing up and fail to see the relevance to the original question. However, let's ignore that for now. For MrsP - what I have gleaned so far from a very nice man who works for a probate company (although I'm not entirely sure he has my best interests at heart!) is the following. You say the wife died two years ago and the daughter inherited her half of the house, so from that I am assuming that the wife's estate has been dealt with. The threshold for inheritance tax is (currently) £325000, I'm not sure if this was the case two years ago, but if the wife's estate was valued less than this then any remaining unused portion can be transferred to the husband. So for arguments sake, let's say that her estate was valued at £200000, then the remaining £125000 is transferred to the husbands estate giving him a total of £450000 before any inheritance tax is due.
    Now, as I mentioned the nice man that came to see me works for a probate company and did his best to convince me that applying for probate and administering the estate is something that I shouldn't worry my pretty little head about and that his company would do it all for me for around £6500. My question to the forum is is it really such a complicated procedure? I like to think I'm quite an intelligent person, and from everything I've read about it, it really doesn't seem that difficult to me. Perhaps I'm missing something. But all the lists on the various websites that recommend when to use professional services, none if these apply to my husbands estate, it all seems fairly straightforward to me. The only reason I have to apply for probate in the first place is that he owned a property that was in his name only, not joint names, everything else was in joint names. Any advice from people with experience of applying for probate? Thanks
    Originally posted by Katihannah53
    £6,500 is a total rip off! If you are a reasonably intelligent person and can work methodicly through all the paperwork you can easily do it yourself. There is planty of help here . Perhaps better to start yoiur own topic rather than using this one that may not be strictly relevant to your circumstances.
    • Katihannah53
    • By Katihannah53 8th Jul 17, 2:42 PM
    • 3 Posts
    • 3 Thanks
    Katihannah53
    He definitely doesn't have your best interests at heart!

    That's shocking.
    Originally posted by Mojisola
    Yeah that's what I thought. I may be a lonely widow, but I'm not stupid
    • Katihannah53
    • By Katihannah53 8th Jul 17, 2:44 PM
    • 3 Posts
    • 3 Thanks
    Katihannah53
    £6,500 is a total rip off! If you are a reasonably intelligent person and can work methodicly through all the paperwork you can easily do it yourself. There is planty of help here . Perhaps better to start yoiur own topic rather than using this one that may not be strictly relevant to your circumstances.
    Originally posted by Yorkshireman99

    Thank you, I shall do that
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