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Help getting a solicitor for Probate

13

Comments

  • Mikeyorks
    Mikeyorks Posts: 10,380 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It makes sense to at least pay the £60k - as soon as Probate is granted. But do leave a couple of £thousand in the pot to cope with unexpected expenses when marketing the house. For example you will usually find the insurance costs escalate significantly following Probate

    If you can agree between the beneficiaries how to discharge the other £30k without interest accruing for the duration the house is on the market - that makes commercial sense. But if only 1 or 2 of the beneficiaries are contributing - then do make sure you get an agreement signed by all of you as to how you will be compensated and interest charged will be apportioned once you do the final distribution.
    If you want to test the depth of the water .........don't use both feet !
  • First of all check the paperwork for the Care Home, Did you sign anything when the deceased went into care to say you will pay for the care costs if anything should happen to them? How were they paying for the care whilst they were in the home?

    If you have not signed anything and the care home have not registered a charge against the property then I would place the statutory notices once you have receieved the Grant of Probate and if the care home do not come forward after the statutory notices have expired ( period of two months) then I would adminster the estate and ignore the care home. If any monies/debts are owed from the estate and the company does not come forward once you have placed the notices and they have expired then there is nothing they can do about it, however, if you do not place the notices they can come after you personally, as the executor for the monies.

    I work for a Legal Services company whom specialise in Wills and Probate and we have helped clients on many occasions with the same problem

    Kind Regards,
    Catherine
  • xylophone
    xylophone Posts: 45,936 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    First of all check the paperwork for the Care Home, Did you sign anything when the deceased went into care to say you will pay for the care costs if anything should happen to them? How were they paying for the care whilst they were in the home?

    If you have not signed anything and the care home have not registered a charge against the property then I would place the statutory notices once you have receieved the Grant of Probate and if the care home do not come forward after the statutory notices have expired ( period of two months) then I would adminster the estate and ignore the care home. If any monies/debts are owed from the estate and the company does not come forward once you have placed the notices and they have expired then there is nothing they can do about it, however, if you do not place the notices they can come after you personally, as the executor for the monies.

    I work for a Legal Services company whom specialise in Wills and Probate and we have helped clients on many occasions with the same problem

    Kind Regards,
    Catherine

    The Council has a charge on the house. See previous post.
  • Yes, the council have a charge on the house (No idea how it came about to be honest, never signed anything but think it may have been due to my mums dementia)
  • xylophone
    xylophone Posts: 45,936 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, the council have a charge on the house (No idea how it came about to be honest, never signed anything but think it may have been due to my mums dementia)
    :eek:

    Was no one looking after your mum's affairs?
  • xylophone wrote: »
    [/B]:eek:

    Was no one looking after your mum's affairs?

    I was paying out of my own pocket for clothes, toiletries hairdresser etc. Visiting her regularly and looking after the house was all I could do. Two other siblings that never visited in 3 years, not even a birthday card!
    The house was set up with standing orders to pay electricity and gas so other than maintenance it all took care of itself.
  • xylophone
    xylophone Posts: 45,936 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    "I was paying out of my own pocket for clothes, toiletries hairdresser etc. Visiting her regularly and looking after the house was all I could do. Two other siblings that never visited in 3 years, not even a birthday card"

    How very sad that is. Still, you can rest assured that you did all you could for your mother.
  • xylophone wrote: »
    "I was paying out of my own pocket for clothes, toiletries hairdresser etc. Visiting her regularly and looking after the house was all I could do. Two other siblings that never visited in 3 years, not even a birthday card"

    How very sad that is. Still, you can rest assured that you did all you could for your mother.

    Thank you for the kind words. My wife and kids keep saying the same but I suppose you are always going to beat yourself up thinking you could have done more.
  • John_Pierpoint
    John_Pierpoint Posts: 8,401 Forumite
    Part of the Furniture 1,000 Posts
    edited 26 March 2012 at 3:38AM
    I trust you have kept a record of all your expenses?!
    Did the care home give you an account for the "pocket money" expenditure and closing balance as at the date of death?
  • I didn't keep any records to be honest, it was a case of doing it because I wanted to. I phoned the council a week ago to get the balance owed as it seems they are in control of the purse strings but no answer as of yet.
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