Probate and indemnity after death

Ladywriter1968

ok thanks for your helps, I am so frustrated right now with it all.

Ladywriter1968

BobQ wrote: »

OP your post is not clear.

But the point you need to understand is that when the deceased was alive the LA was able to administer that person's finances if that is what was agreed. But when the deceased died, the LA has no authority to deal with the estate unless they have been given that authority.

If he died intestate any close relative can apply for a Grant of Representation (in this case Letters of Administration). The person receiving the Grant is responsible for paying any remaining debts (eg funeral costs) and distributing the remainder according to the laws of intestacy.

If the sums are small and it is very clear where the money goes, the LA may release the money to a close relative without a Grant (much like a bank would do). In which case they will probably ask the recipient to indemnify them against the money being distributed incorrectly. Not sure if this is type of indemnity you are referring to?

For a Grant the applicant will need to swear an oath ( at the Probate Office or at a local solicitor).

For a form of indemnity an oath may not be required but this is for the person asking for it to decide as a condition of releasing the money.

Thank you for explaining this to me. I have had no help at all from
the LA about this or advice or nothing. I told her I have never done this before. And didnt know the procedure. Plus dealing with the grief of my Father on top, they have no compassion what so ever.

Ladywriter1968

Anyone any idea what this costs? the probate etc? thanks

Mojisola

At the bottom of this page -
http://www.ageuk.org.uk/money-matters/legal-issues/what-to-do-when-someone-dies/dealing-with-the-estate/
there are some guides to download which will help.

Ladywriter1968

I am thinking of find out how much a solicitor would charge to deal with all of this, I looked at all forms and it seems an awful lot to deal with and take in. There is no estate involved just dads savings. No will. Some one suggested legal aid but I dont know if that would apply with us.

getmore4less

There is an estate. (everyone has one just sometimes there are limited or no assets)

If the only assets is the money held by the council ask for the statement of the assets held by them.

You also need to establish any outstanding debts do not assume the council have sorted them

Be careful not to do this without indicating you plan to administer the estate unless you are sure it is solvent.


IMO any council employee would have to be very careful in what they say.

G6JNS

Ladywriter1968 wrote: »

I am thinking of find out how much a solicitor would charge to deal with all of this, I looked at all forms and it seems an awful lot to deal with and take in. There is no estate involved just dads savings. No will. Some one suggested legal aid but I dont know if that would apply with us.

Read the Sticky on this group. Lots of information there. You should not need a solicitor but the CAB might be a help. There is no legal aid available for this. In dealing with the local authority make sure you put everything, and I mean everything, in writing. Confirm any phone calls in writing.

dancingfairy

I wouldn't have thought the person at the local authority was qualified in any way to give you help/advice. They almost certainly arne't legally trained and probably it's more than their life is worth to give you any help as they probably arn't covered legally. They probably only know their part of the procedure and have no knowledge outside of that. Having said that you would have thought they would have referred you to the probate office or your local cab.
I hope you can get it sorted. I don't believe there is any hurry to do anything, take the forms one step at a time.
df

BobQ

Ladywriter1968 wrote: »

Thank you for explaining this to me. I have had no help at all from
the LA about this or advice or nothing. I told her I have never done this before. And didnt know the procedure. Plus dealing with the grief of my Father on top, they have no compassion what so ever.

Not a problem. It is not the LA job to deal with this but I agree they could have been more helpful in pointing you to the information.

You have found the forms. A solicitor could charge several hundred pounds for doing this. So you need to be sure that the money involved is worth this expense.

It is quite straight forward for a simple estate. As noted CAB might help, but you can also call the Probate and IHT helpline.

http://search2.hmrc.gov.uk/kb5/hmrc/contactus/view.page?record=Ve4W32E6kds&titleindex=0

I should explain that even if there is no Inheritance Tax to pay you still need to fill in the IHT Form before the Probate Office will process the Letters of Administration.

Ladywriter1968

Thank you everyone, you have been really helpful in my bad time, she sent me the email a day after my Father had died stating she was awaiting letters of administration. to me that came across that she was waiting for it from another department, as I didnt know what it meant. A week later she said, did I apply for it through probate. I had no idea at all what to do. as others stated even if she sent a link to it, it would have been something, she must have dealt with this before. I told her I never dealt with this before and I got nothing from her.

I also took in what another said about dont assume they paid all his debts, I imagine they have paid the care home fees up to date, but thats made me think now...