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Guidance needed

24

Comments

  • RAS
    RAS Posts: 34,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Read this http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa01a-eng.pdf

    Your mother has reserved powers, but basically has signed over her right to execute the estate to your uncle. So uncle really does not need to talk to her in the same way as if she was an executor.

    She needs to find out whether she can reverse this by ringing the probate Office.

    What she really needs to do is get a room booked in newcastle, get on a coach and check things out on the ground.

    You say nan dies in 2007 and was in a care home prior to that? So the house has supposedly been empty for 6-10 years?

    It could have become derelict in that time, infested with rats or squatted.

    The Council Tax still has to be paid every year; some heating is needed and it needs maintaining. Who has paid this for the last however many years? How much has that cost? Several thousand pounds at least.

    On the other hand unclue could have rented it out to a Saudi sheikh? be using it as a drug farm or be living there to save the cost of his own rent?

    Do either of you actaually have the first clue????

    She needs to vist the house, visit the Council and check the electoral roll and the Council tax records and go to the estate agents. And talk face to face with the errant brother.
    If you've have not made a mistake, you've made nothing
  • orchid2010
    orchid2010 Posts: 82 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 10 January 2013 pm31 2:48PM
    We have recently done probate for a relative's estate.

    There is no need for a property to be sold before probate is granted, you just need a couple of valuations.

    As only one executor is needed to deal with probate, the other's can agree to reserve the right to be executor's which can be withdrawn at any time. So your Mother can contact the probate office and says she now want's to exercise her right.

    I think the point your Uncle is perhaps trying to make is that the money for her care in the nursing home will have to be paid back (and the funeral paid for) and there will be nothing left in the estate to pay out to anyone else.

    Care fees are very expensive and it does not take long for them to mount up. Our relatives care bill was £700 per week, which worked out at £36,400 for a year. The local council would pay the bill in the first place, a small amount from any state pension/benefits or all of a private pension would be offset until her assets reached approx £23,000 then all fees would be paid by council. The rest of the fee would then become a charge on her estate payable on her death or the sale of the property which ever came first. I am surprised that if no money has been paid back for her care fees that the council have not taken court action. They will of course be adding on interest until it is cleared.
  • AHewlett
    AHewlett Posts: 27 Forumite
    edited 8 January 2013 am31 11:22AM
    We're going to make some calls today and get some more information.

    Called Probate to see if Mum is still a joint executor and she is. The Probate has no right to remove her from a will that's still standing, this is according to a woman at the Probate.

    We're now going to call the real estate agents and the local Council.
  • RAS
    RAS Posts: 34,462 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also find out how much the care fees were and how much interest they are charging, percentage and amount accrued since nan died.

    If the funeral directors have not been paid they may be charging interest as well.
    If you've have not made a mistake, you've made nothing
  • AHewlett
    AHewlett Posts: 27 Forumite
    edited 8 January 2013 am31 11:42AM
    RAS wrote: »
    Also find out how much the care fees were and how much interest they are charging, percentage and amount accrued since nan died.

    If the funeral directors have not been paid they may be charging interest as well.

    I've just emailed the Council over that.

    We've talked to the funeral directors and they are being paid by my Uncle.
  • hardpressed
    hardpressed Posts: 2,099 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's my understanding that you can't sell a property until probate had been granted.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    It's my understanding that you can't sell a property until probate had been granted.

    First post says they have probate.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AHewlett wrote: »
    According to my Uncle, the government paid for her to stay at a nursing home and will have to be paid back when the flat is sold.
    AHewlett wrote: »
    EDIT - Just downloaded the Land Registry and it's my Nan's name

    There should be a charge on the deeds to show that the LA is owed money which will have to be paid back when the house is sold.
  • Hello everyone,

    We've been in contact with the social services and they'll be getting information from the council tax people.

    In the mean time, my uncle passed away yesterday. He was an executor of the will and now it falls to my mum. We might be going up to Newcastle for the funeral as well as to find out what has happened to my Nan's things and her ashes.
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    Sorry on the loss of your uncle but at least now you can sort out your nans estate. Just remember that any residue of the estate should still be split two ways and you should pass your uncles share to the executors of his will and leave it for them to deal with how it is distributed.

    Rob
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