Am I liable as an Executor for a late bill.

dzug1

tigtag02 wrote: »

How can I not be a sole beneficary?

There is no will to be an executor of - as previously explained I am applying for probate in order to be the administrator of the estate!

Being slightly picky, you are not applying for probate but for letters of administration to become administrator.

But the function is the same, it's just a matter of words.

And if you are the only close relative, then yes of course you can be sole beneficiary

RAS

cajef wrote: »

If they died intestate then you are not a sole beneficiary and you cannot be an executor, the rules of intestacy apply.

http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:article&node=A76045BD76303

I am very confused as this contradicts all the legal advice I received previously.

As far as I am aware, it is usual for the sole beneficiary to be the administrator in many cases where there are small estates and no will.

Someone cannot benefit from a will or estate is when they are a witness to the signature of the will, but this does not apply in this case.

tigtag02

RAS wrote: »

I am very confused as this contradicts all the legal advice I received previously.

As far as I am aware, it is usual for the sole beneficiary to be the administrator in many cases where there are small estates and no will.

Someone cannot benefit from a will or estate is when they are a witness to the signature of the will, but this does not apply in this case.

THANK YOU!

And to SS & dzug1

With the greatest of respect this is a difficult situation and one I wasnt expecting to encounter 18 months down the line and its hard enough trying to get my head around it without incorrect advice being banded about along with questioning!!

Yes, I am completing the probate paperwork in order to gain the letters of administration and am also the sole beneficiary as the only aplicable relative.

However dzug1 I would be grateful if you could change your 6 year advice (and the law)

Seriously though - if no creditors climb from the woodwork in the 2 months I have as administrator do you think that paying the money off my mortgage (so that I can benefit in the short term) and then if they appear within the 6 year then remortgage to pay them off?

Although (and I'm thinking out loud here) - how would the creditors 'track me down' and also would I have to acknowledge their correspondence if they somehow did?

Hope that makes sense - I was just emptying my head
tt

Savvy_Sue

Just a question - do you think / know there ARE debts, or are you just being careful?

jackieblack

tigtag02 wrote: »

How can I not be a sole beneficary?

There is no will to be an executor of - as previously explained I am applying for probate in order to be the administrator of the estate!

You may not be the sole beneficiary depending upon what other family members exist and the value of the estate. Where there is no will, there are rules reagrding who gets what.

You are NOT applying for PROBATE - this only applies where there is a will.
If the deceased died intestate, you need to apply for Letters of Administration.

tigtag02

Savvy_Sue wrote: »

Just a question - do you think / know there ARE debts, or are you just being careful?

I'm pretty sure there are some - most in joint names with the partner who is now non complus mentis (sp), so who knows what has happened to them, if anything!

However, I think there may be some sole ones - who to and how much I have no idea!!

Thanks
tt

tigtag02

jackieblack wrote: »

You may not be the sole beneficiary depending upon what other family members exist and the value of the estate. Where there is no will, there are rules reagrding who gets what.

You are NOT applying for PROBATE - this only applies where there is a will.
If the deceased died intestate, you need to apply for Letters of Administration.

I have already explained that there are no other qualifing family members!!

Maybe its just a case of semantics but I am aware of the subtle difference and this is not what my queries relate to anyway but the forms sure say 'applying for probate' all over them!

tt

dzug1

If it's 18 months since the relative died it's a bit odd that no debts have emerged if there are any. It doesn't let you off the hook, but it makes it less likely that there will be a problem.

As to how they might find you if you don't advertise, once you have Letters of Administration they will be a public document and you will be traceable through that if anyone is interested enough.

I'd be tempted not to advertise - it's done mainly to protect the executor/administrator from personal claims. As you are beneficiary as well it might be regarded as an unnecessary expense.

tigtag02

dzug1 wrote: »

If it's 18 months since the relative died it's a bit odd that no debts have emerged if there are any. It doesn't let you off the hook, but it makes it less likely that there will be a problem.

They may have done, but I wouldn't be aware of them - if you see what I mean.

dzug1 wrote: »

As to how they might find you if you don't advertise, once you have Letters of Administration they will be a public document and you will be traceable through that if anyone is interested enough.

Ahhh - gotcha

dzug1 wrote: »

I'd be tempted not to advertise - it's done mainly to protect the executor/administrator from personal claims. As you are beneficiary as well it might be regarded as an unnecessary expense.

I thought I *had* to advertise in The London Gazette in order to protect myself as administrator before I can pay the beneficiaries even though they are both me!!

I swear this just gets more confusing and knowing what to do for the best it a nightmare!!

Thanks
tt

localhero

Personal Representatives should consider advertising for creditors and potential beneficiaries before distributing the estate.

A suitably worded ad in the London Gazette and in a newspaper circulating in any area where the deceased owned land or carried on a business would generally suffice.

After the advertisements have been inserted, and assuming that no claimants have come forward in the two month period, the personal representatives may distribute the estate with reference only to claims known to them at the time of distribution.

To not advertise leaves you open to claims up to 6 years down the line - and in some cases can be 12 years.