Can someone explain how this is right?

Mojisola

Ames wrote: »

Hopefully the estate wont have been wound up and everything paid by then.

You're the executor so just put a hold on everything until you're ready.

Ames

Well, following news today I definitely can't delay things.

The probate solicitor has received a summons for me to attend court for unpaid council tax.

That's the council tax that I thought was being paid, until sister said she's stopped paying it 'a while ago' but couldn't/wouldn't tell me when.

The council tax that sister stopped paying, but wants to claim the missed payments back from the estate as if she had paid them.

The council tax that dad wants the estate to pay for the next year.

*sigh*

The solicitor did say that the council would put the court date off when they get confirmation of the house sale, in writing. Hopefully that can be done soon as I have a hospital appointment at the same time as the court hearing, and it's already been rearranged once.

Although on a brighter note I had a hospital appointment today that was really positive.

missbiggles1

I thought a property was exempt from council tax until probate is granted, with the possibility of a 6 month extention after that is the property is unoccupied.

Either way, you as the executor are not personally liable as it has to be paid by the estate.

http://www.northampton.gov.uk/info/200028/council-tax/1003/council-tax-what-to-do-in-the-event-of-a-death

Ames

We got an exemption for a year after probate, but that was over two years ago. We're lucky really that they haven't been charging 150% council tax for the last few months as many councils would have done.

I know that the estate pays it, but I'm the one who has to go to court, and as I said that means missing an important hospital appointment, which I've already had to change once.

Plus I imagine there'll be all kinds of charges added on if it goes to court - which will have to come out of my share of the money because it will take the debts above the 55k. (As explained earlier in the thread, the house sale prices was 145k, sister got a mortgage for 100k. So if debts come above 55k then it has to come out of my share, as sister already has her share in the form of equity).

BJV

I am so sorry to hear the battles you have had. Death is never nice and unfortunately money makes people do silly things.

I really do not think that you late mum would of ever wished this to happen.

I have no practical advice except to say sorry and that your sister & dad sound horrible!

missbiggles1

Ames wrote: »

We got an exemption for a year after probate, but that was over two years ago. We're lucky really that they haven't been charging 150% council tax for the last few months as many councils would have done.

I know that the estate pays it, but I'm the one who has to go to court, and as I said that means missing an important hospital appointment, which I've already had to change once.

Plus I imagine there'll be all kinds of charges added on if it goes to court - which will have to come out of my share of the money because it will take the debts above the 55k. (As explained earlier in the thread, the house sale prices was 145k, sister got a mortgage for 100k. So if debts come above 55k then it has to come out of my share, as sister already has her share in the form of equity).

I hadn't realised how long this had being going on for but I can't see why you should personally have to pay charges rather than the estate.

Ames

missbiggles1 wrote: »

I hadn't realised how long this had being going on for but I can't see why you should personally have to pay charges rather than the estate.

Technically the estate will be paying the charges, but because of the limited funds any debts above 55k will reduce my share of the estate by the same amount. Nothing can come out of sister's share as she has it in the form of equity.

g6jns_2

Ames wrote: »

Technically the estate will be paying the charges, but because of the limited funds any debts above 55k will reduce my share of the estate by the same amount. Nothing can come out of sister's share as she has it in the form of equity.

Your sisters share can still be reduced. The property should npot have been transferred unless and until the estate had been fully dealt with.

Ames

I'm really sorry, I don't understand. Surely the property needs to be transferred for the mortgage money to be available to deal with the estate?

g6jns_2

Ames wrote: »

I'm really sorry, I don't understand. Surely the property needs to be transferred for the mortgage money to be available to deal with the estate?

What I mean is that if the estate is shared in equal portions then you are entitled to the correct share. As I understand it the other beneficiaries have bought out your share of the house. If additional debts of the estate have come to light such the cost you mentioned have to come out of all shares equally so you do not have to have them taken out of your share. That is why I said that dividing up the house should not be done until all the estate's debts are known. The other have to pay their fair share.