Probate and indemnity after death

Ladywriter1968

getmore4less wrote: »

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.

Thank you for warning me of this, I assumed they paid the care home fees up to date but I will check now.

Ladywriter1968

getmore4less wrote: »

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.

Thanks for warning me about this, as I assumed they cleared up the care home payments after my Fathers death but as you say, do not assume anything.. As they were paying the care home out of dads monies. if I take that on without knowing then it would become my debts to pay it up. I have felt like a person that had been chucked in head first upside down in crap at my worst time and then left to climb out of it alone.

getmore4less

Ladywriter1968 wrote: »

Thanks for warning me about this, as I assumed they cleared up the care home payments after my Fathers death but as you say, do not assume anything.. As they were paying the care home out of dads monies. if I take that on without knowing then it would become my debts to pay it up. I have felt like a person that had been chucked in head first upside down in crap at my worst time and then left to climb out of it alone.

It does not become your debt if there is not enough money.

The key is to establish that the council has met all the obligations of the estate if they were dealing with the assets prior to the passing and just release what's left.

Ladywriter1968

getmore4less wrote: »

It does not become your debt if there is not enough money.

The key is to establish that the council has met all the obligations of the estate if they were dealing with the assets prior to the passing and just release what's left.

Thank you to you and others on here I have a better understanding now of it. when I first hear of probate it was like a drowning person in the deep end not knowing how to learn to swim.

I will check they met their obligations or will try to. I know they cant disclose stuff to me thats the only thing because of this data protection thing which may make it difficult, she was reluctant before to give me the information of Dads custody account before the letters of administration but I told her I needed to know this and then she gave it to me as I cant apply for it until I know. They said I could estimate it on the forms, but knowing the correct amounts is better the estimations.

But you have made me stop and think though. I remember one thing that Chuck Norris said, Please people, Make the Smart choices, not the fast or easy ones, and that has stuck with me.

I have one more question, since the local authority were Appointees I take it that its their responsibility to close down his pensions and disability allowances now as they were using these to pay the care home? As once they took this on they knew all the allowances he was getting I didnt. As again due to data protection they would not told me anyway. Once it was passed to them his benefits could have changed for all I know. I think I put this up twice.

Ladywriter1968

I have one more question, since the local authority were Appointees I take it that its their responsibility to close down his pensions and disability allowances now as they were using these to pay the care home? As once they took this on they knew all the allowances he was getting I didnt. As again due to data protection they would not told me anyway. Once it was passed to them his benefits could have changed for all I know.

Mojisola

Ladywriter1968 wrote: »

I have one more question, since the local authority were Appointees I take it that its their responsibility to close down his pensions and disability allowances now as they were using these to pay the care home? As once they took this on they knew all the allowances he was getting I didnt. As again due to data protection they would not told me anyway. Once it was passed to them his benefits could have changed for all I know.

If you registered the death, you should have been offered the "Tell us once" service which notifies other government departments about the death and they then stop payments.

Ladywriter1968

Mojisola wrote: »

If you registered the death, you should have been offered the "Tell us once" service which notifies other government departments about the death and they then stop payments.

I have just informed them. thanks for advice. I was given this on register death but in a rush to get back for work as I dont live in the area of care home quite far away from it, I gave the all papers they needed for LA and that on top to them. But I just phoned the "tell us once" service and they took down the details to inform the departments. As I thought, if the LA end up telling them later things could end up being over paid or owed. Because when I originally asked her on email if she had done this she didnt give me an answer and did a subject change instead.

Thanks for your help.

Ladywriter1968

Thanks everyone for all your help.