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Guidance needed

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  • AHewlett
    AHewlett Posts: 27 Forumite
    Ah, we were told it does matter if he has a will.

    I guess we'll have to talk to a solicitor just to clarify everything.
  • RAS
    RAS Posts: 34,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It matters whether uncle has a will - with regard to sorting out uncle's estate.

    That has absolutely nothing to do with how your mum sorts out nan's estate.

    Amongst other thing any business with deciding to give stuff to different people is called a deed of variation. Deeds of variation have to be done with two years of the donors death and I think nan died 4-5 years ago.

    When the flat is sold and the debts paid, uncle's share is paid to "the estate of Mr Uncle". It is his executor or administrator who decides how to distribute the money.

    If you mum starts mucking about with uncle's share, then she puts herself at risk. She does understand that if she pays money to your cousin's children when by law it should have gone to aunt, then aunt can sue her for the money? if your aunt wants to give the money to her grandchildren after she inherit from her husband's estate, that is fine but do not get yourselves involved in this.

    Does mum understand the need to advertise for creditors?

    BAsed on what you have said above, any money that the flat raises above £23,250 (the maximum permitted saving for anyone in care) is going to go towards paying off the nursing home fees. The longer it is on the market, the more Council Tax will have to be paid from the estate, so you might as well get it sold ASAP at whatever price you can get.

    What state is it in?
    If you've have not made a mistake, you've made nothing
  • AHewlett
    AHewlett Posts: 27 Forumite
    My Mum won't muck around with my Uncle's share. If we have to pay my aunt, then she'll pay it. Her personal views is that she doesn't want to pay her but by law, she knows she has to.

    If she pays my aunt, she pays it. She won't muck around. She'll divide it equally as it should be.

    We know that most of the estate will go towards paying the debts off, we knew that from very the start.

    As for 'advertise for creditors' we haven't heard anything about that from the Probate. And I don't know if my Uncle had done it in the first place. The only debts are to the residential home, council tax and the bill for paying Nan's food. We know all about these bills and are going to pay them.

    The state of the flat, we don't know since we haven't been there in many years. From the photos from the real estate, it seems very unchanged even though the kitchen is yellow because that's how it's always been, ever since my Nan moved in.

    We can't, unfortunately, force buyers. Not in this day and age.
  • RAS
    RAS Posts: 34,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AHewlett wrote: »
    If we have to pay my aunt, then she'll pay it. Her personal views is that she doesn't want to pay her but by law, she knows she has to.

    Your mum does not pay aunt - she pays "the estate of dead uncle". This is specific legal entity even if they is no physical body attached.

    The people who execute his estate will decide whether the money goes to aunt or the cousin.
    AHewlett wrote: »
    As for 'advertise for creditors' we haven't heard anything about that from the Probate. And I don't know if my Uncle had done it in the first place. The only debts are to the residential home, council tax and the bill for paying Nan's food. We know all about these bills and are going to pay them.

    OK - say your nan had a credit card or someone came into the home to do her hair or anything and did not get paid. If the estate does not pay that person and they pop up later, your mum as executor will pay them. If she advertises for creditors and no-one says anything, then mum is safe and sound even if nan owes a million quid.
    AHewlett wrote: »
    The state of the flat, we don't know since we haven't been there in many years. From the photos from the real estate, it seems very unchanged even though the kitchen is yellow because that's how it's always been, ever since my Nan moved in. We can't, unfortunately, force buyers. Not in this day and age.

    Is there a management charge on the flat? I assume that needs paying?

    This flat is now a major liability even if it was not one before. The estate has to pay the CT bill and there is no cash in the estate to do that with.

    It might pay to spend a day up there and give it a good dusting, vaccing and cleaning. Ask Aunt and cousin to help out? Clean the front door and make it look decentish?

    Then reduce the price until it sells or put it up at auction with a decent reserve. You cannot get any more than £2,250 into the estate but you can reduce the amount of further debt that get taken out of it.
    If you've have not made a mistake, you've made nothing
  • AHewlett
    AHewlett Posts: 27 Forumite
    edited 1 February 2013 at 6:02PM
    Unfortunately, I live around 4 hours away from Newcastle and I don't have a car to drive up there. We've reduced the price already and if need be, we'll reduce it again.

    I am planning on going up there because we need Nan's ashes and her things, so I will check in on the flat.

    As for any other charges, nothing has been mentioned by either the estate agent, Council or anything else. It was sheltered accommodation so I don't know if they have management charges. Nothing has been mentioned.

    And as for any other bills, we're pretty clear that there is nothing else to pay. Nan had no credit cards, her pension was stopped, and to be honest, she hadn't the mental capacity to have anything like that anymore. Unless my Uncle took out a credit card in her name, which would be a bit late to find out.

    But we will look into advertises for creditors.
  • RAS
    RAS Posts: 34,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AHewlett wrote: »
    It was sheltered accommodation so I don't know if they have management charges. Nothing has been mentioned.

    Sheltered accomodation is much harder to sell than other housing, so you may well have to reduce the price further.
    If you've have not made a mistake, you've made nothing
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