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insolvent estate, difficult executor

24

Comments

  • RAS
    RAS Posts: 36,992 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mojisola wrote: »
    I wouldn't put money into her account.

    Pay the extra directly to the funeral director.

    Agreed. Ask the FD for two invoices; one to the value of the amount in the bank account and the top-up to yourselves.

    It is likely the bank will refuse to let you pay money in but if they do it becomes part of the estate.
    If you've have not made a mistake, you've made nothing
  • Blinkin73
    Blinkin73 Posts: 73 Forumite
    Tenth Anniversary Combo Breaker
    Hi getmore, yes the delay is due to the coroners. Sadly due the circmstances noone informed of what to do or gave us leaflets or any advice. We were left on our own, stumbling around not knowing what to do. I've learnt a huge amount these past two weeks. I phoned the births deaths and registra nearly a week after her death after finding out that we needed to register her death within a certian time frame and they then gave us some helpful leaflets. We also phoned her solicitors after finding her will but they never responded in any meaningful manner until yesterday after I emailed them.

    Thank you Mojisola. I miscommunicated. We have no intention of putting any money in my mothers bank account, just to pay the surplus ourelves diretly to the funeral director.

    We have been trying to be as open and helpful as possible in the process of getting our mother buried, but we are clear we do not want to be executors ourselves. This appears to be more easily said then done. So we will be following your advice.

    Thank you all for coming up trumps and providing solid impartial advice. Its much appreciated.
  • Blinkin73
    Blinkin73 Posts: 73 Forumite
    Tenth Anniversary Combo Breaker
    Thank you RAS for answering my next question before I even asked it! Two invoices from the FD it is
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The coroner was involved when my Mum died - you can't register the death until the coroner has dealt with things. I found the staff at the coroner's office were very kind and helpful as was the registrar.

    Have you been told about the "Tell Us Once" service? The coroner will pass on the details of your Mum's death to a range of people if you want.

    As you want to step back from handling the estate, it would be worth using.
  • Blinkin73
    Blinkin73 Posts: 73 Forumite
    Tenth Anniversary Combo Breaker
    Thank you Mojisola. The coroners office sent us an interim death certificate over the weekend and advised us yesterday that they had completed their enquiries and that we can now register her death. We've arranged to do this tomorrow.

    We werent told about the "Tell us once service" and found out about it a little too late. We phoned, banks, creditors, various benefits agencies advising of her death in the intial days of her passing no knowing what else to do. Anyway that will be for her solicitors to sort out further should they wish too continue to act as executors. We will just use the £3500 in her bank account to pay her bills. Thats it.

    The question of chattels has risen its ugly head. My mother lived in a home owned by my brother (he lives with his partner). All her belongings are there. This includes settees beds, dining room table, sideboard etc and a few pieces of jewelery (nothing fancy, a ring, three thin gold necklaces and a pair of earings) and a whole bunch of paraphenalia such as plastic plant pots, 2 slowcookers, a gazillion glasses and books and books etc. Im pretty sure there is nothing of value. Do I need to prove this? How is this dealt with?
    Thank you
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Blinkin73 wrote: »
    The question of chattels has risen its ugly head. My mother lived in a home owned by my brother (he lives with his partner). All her belongings are there. This includes settees beds, dining room table, sideboard etc and a few pieces of jewelery (nothing fancy, a ring, three thin gold necklaces and a pair of earings) and a whole bunch of paraphenalia such as plastic plant pots, 2 slowcookers, a gazillion glasses and books and books etc. Im pretty sure there is nothing of value. Do I need to prove this? How is this dealt with?

    There will likely be nothing of monetary value. We were advised to put a nominal £100 down for everything in my father's house.

    I don't know how it would be dealt with in an insolvent estate.

    Presumably your brother will want the house sorted out. I would sort out personal possessions - photos, jewellery, other personal things - and get them out of the house in case everything ends up getting thrown in a skip.
  • RAS
    RAS Posts: 36,992 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who has raised the question?
    If you've have not made a mistake, you've made nothing
  • Blinkin73
    Blinkin73 Posts: 73 Forumite
    Tenth Anniversary Combo Breaker
    Thanks again Mojisola.

    Ras My brother asked, he is concerned that the solicitors will want to know as executors and does not want to throw away or donate anything we will be later criticised for. This was the reason that I considered having someone independently value what is in the property. To cover our backs so to speak. Obviously in time he will want to sort out his flat and either sell it or rent it out but at present we have only thrown out/recycled rubbish, donated most of my mothers clothes to charity, given what food we could to the local food bank (including a couple of jars of caviar!) and cleaned the place
  • RAS
    RAS Posts: 36,992 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You mention a debt to a furniture store? Any of this hire purchase rather than consumer credit? If so they need to be told about her death.

    Once you clarify that, make a list of the personal items (like books - 45) and ask brother to send it to the solicitors and ask what they want done with it.

    They then have a choice of providing a skip or asking you to dispose of it.
    If you've have not made a mistake, you've made nothing
  • rpc
    rpc Posts: 2,353 Forumite
    Blinkin73 wrote: »
    We will just use the £3500 in her bank account to pay her bills. Thats it.

    Pay nothing. Things could get very messy if you intermeddle.

    Arrange the funeral, have the bank pay the funeral director. Don't touch anything else.
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