Help getting a solicitor for Probate

soolin

realitybites wrote: »

Don't know if anyone can help regarding a Grant of Probate. I have to pay off a care home so would I need it to do this or could the bank just pay the home directly.
On the same note, is it also needed to sell the house
Thanks in advance.

I was very lucky I owed fees to two care homes and they both waited for 4 months while I did probate and didn't charge me any interest.

realitybites

The care home fees are in the region of £90k. Spoke to the bank today and with the death certificate they will release money for the funeral on receipt of an invoice. The house has a charge on it via the council (who are the ones we owe the money to). They say it will be 56 days before interest on the money owed starts accruing.

xylophone

Has the house already been on the market for a long period?

Mikeyorks

realitybites wrote: »

Don't know if anyone can help regarding a Grant of Probate. I have to pay off a care home so would I need it to do this or could the bank just pay the home directly.
On the same note, is it also needed to sell the house
Thanks in advance.

If the money is in accounts in your Mum's name - then you need probate before paying the care home fees. The sole exemption is to cover the funeral costs. Present the invoice to the Bank (warn them first) and they will settle it directly with the funeral director.

Similarly if the house is in her name - probate is essential before you can sell it.

On a DIY basis you should be able to get probate in under 2 months (assuming you're under the IHT threshold).

realitybites

Thanks again for all the helpful replies. The house hasn't been put on the market yet as we weren't too sure of the legal implications and didn't have power of attorney. Everything is becoming clearer due to all the replies though.
Thanks again
PS Any tips on putting the house on the market, internet firm with one of fee or traditional estate agents.

pauletruth

without a death cert. you may have problems. when is the inquest.

realitybites

Wondering if anyone could help with a financial matter. The care home fees would be almost covered with a shortfall of about £36k. With three of us involved I was going to suggest the deficit would be £12k each. If I were to pay of my part of the outstanding debt, The £12k, so as not to incur any interest (no idea how long it will take to sell the house) would this be allowed and legal?

xylophone

Do you mean that there is approximately £54000 in the bank?

pauletruth

don't use your own money. they will just have to wait until probate is sorted. you can't payout anything until the probate and tax forms have been sorted. until you have probate you don't have a right to deal with the estate.

if you were to pay out and after the sale of the house there was not enough ,money you would lose out.

after all they have a charge on the property. so they will get it.

realitybites

There is approx £60k in the bank. The care home fees will be approx £90k. The house is valued at approx £300k. So if £60k goes to paying of the homes/council that will leave £30k outstanding. If that debt is split between the 3 of us that makes £10k each. Can I pay my third, £10k, and so not accrue any interest as who knows when the house will sell. This will be all after probate.