Are pensions capital?

atush

So property = automatic probate?

The house exists, and the bills must be paid. surely you can get an executors acct?

My mom still had a small mtg, and she had CC bills. All sorts to pay for. They cant expect you to float her estate costs incl bills?

will anyone else be inheriting or just you?

I realise you are living there ( I lived in my mothers rather than book a hotel when I w as there in town sorting things out) but utilities are needed if you are there or not? The house must have water and electric- if they are cut off it could mean her insurance would lapse?

This doesn't sound right. A pity you didnt have POA for her as her carer.

xylophone

Probate is required when real estate is held in the sole name of the deceased or when the deceased was a tenant in common.

The executor's account is for the receipt of monies due to the estate.

In this particular case, it would appear that all household direct debits came out of an account in the sole name of the deceased - while the bank will release monies for funeral costs, it would appear that no other payments (other than IHT paid direct to HMRC) will be allowed to leave the accounts until probate is granted.

Under the circumstances, the OP might be well advised to contact the council/utility suppliers etc, explain that the owner of the property has died and ask for a moratorium on payments until probate is granted.

atush

This seems completely daft, and just completely inefficient.

Surely non related executors dont have to pay up front? Madness really.

So I guess calling everyone and running up credit is the way to go.

So here is a lesson everyone. Live with a relative, and care for them? Get a joint acct so it doesn't have to be closed and you can pay the bills after.

r_i_c

POA (there are several categories) was considered but not taken up. A carer has enough responsibilities caring, without the added weight of POA which has legal ramifications as well. POA would only have been taken up if my mother started to go senile for example and was no longer able to cope at all. With me to help & care for her day to day, she enjoyed her quality of life, as I intended.

None of the utilities have hinted that they'd be prepared to enact a moratorium on payments (I wish) until the estate is settled. My Internet Provider actually cut me off for a while then apologised when I told them the account holder was deceased. But in their very next breath they were requesting my account number and sort code to set up a new account in my name. That's what I've had from utilities, they offer their condolences then ask for the bank account details :-|

r_i_c

atush wrote: »

...Live with a relative, and care for them? Get a joint acct so it doesn't have to be closed and you can pay the bills after.

With all due respect to my dear departed mother, if she'd had any reasonable inkling of what was about to happen (impossible: appendicitis strikes when it decides to - warning signs are commonly interpreted as indigestion) we together would have made sensible plans with regard finances and so forth. As it is she died after just 9 days of being rushed to hospital and we were both in a state of bewildered shock, turning to grief in my case. So yes, if you are long-term caring for nearest and dearest relatives, it's a good idea to be prepared. We weren't, and I am picking up the pieces as a result. But then again, no-one from the caring communities ever suggested what to do in a sad circumstance such as ours turned into.

bigadaj

lisyloo wrote: »

Yep absolutely.
My husband was in senior management so his time was better spent by networking with CEO's over coffee. However that doesn't count !!
Good luck.

OP don't be affected by lisyloos experience, it is very different to mine, and we have had this discussion before.

I chose to sign on for contributions based jsa after taking voluntary redundancy and all was straightforward. I'm a specialist engineer and so the job centre staff didn't know much about what I needed to do, but had no hassle from them, the only annoying thing was the fact they offered some training and then withdrew the offer a few days later.

I did use the job search website which they presumably had access to, but after filling our some applications and records I just had to attend every fortnight and left to my own devices, which is fine as they couldn't really help me. I was signed on for around four months in total, so things could be different after longer timescales but contributions jsa is only valid for six months anyway.

atush

r_i_c wrote: »

With all due respect to my dear departed mother, if she'd had any reasonable inkling of what was about to happen (impossible: appendicitis strikes when it decides to - warning signs are commonly interpreted as indigestion) we together would have made sensible plans with regard finances and so forth. As it is she died after just 9 days of being rushed to hospital and we were both in a state of bewildered shock, turning to grief in my case. So yes, if you are long-term caring for nearest and dearest relatives, it's a good idea to be prepared. We weren't, and I am picking up the pieces as a result. But then again, no-one from the caring communities ever suggested what to do in a sad circumstance such as ours turned into.

So in the case of no POA, a joint act funded with 3 months expenses would be wise.

I cannot believe the UK does not have executor accounts to pay mtgs, bills etc for the deceased. I am quite frankly amazed that they expect an executor to pay all these items up front.

If they do, OP you have another option. If you are the sole inheritor (or a major one) then get a loan based on the value of the estate to pay for the expenses. Any interest charged would then be an allowable expense if you cannot keep up payments

You have spoken to an ill informed and slow CAB. Have you contacted age concern? Asked a solicitor for a free appt? A solicitor fees could be well spent here if you face intransigence.

sleepless_saver

atush wrote: »

So in the case of no POA, a joint act funded with 3 months expenses would be wise.

I cannot believe the UK does not have executor accounts to pay mtgs, bills etc for the deceased. I am quite frankly amazed that they expect an executor to pay all these items up front.

POA ends on the death of the person so would be no help.

The executor isn't liable to pay the bills due up to the date of death out of his own money (although some will choose to do so and reclaim the money from the estate as it's less hassle). It is the estate of the deceased which is liable. The utilities have the choice of waiting until any money owing can be paid out of the estate or pursuing the estate for the debt. As xylophone suggested, it's a good idea to write and explain the position.

But this doesn't help the OP with current utilities etc costs for which he will be regarded as liable. He is after all using the electricity, internet etc. It must be very difficult for him at this time, but getting benefits sorted out, including council tax support, should be a priority when he feels able.

atush

POA does end with death, but money could be transferred to the joint acct from savings in the period leading up to death.

The UK system seems to assume the bills for eh deceased will be paid out of either thin air as in this case, or by lending money to the estate. In the USA, a bank acct can be set up by the executor, some savings from the deceased transferred to it, and you than then pay all the bills.

r_i_c

bigadaj wrote: »

OP don't be affected by lisyloos experience, it is very different to mine, and we have had this discussion before.

Thanks, I have to go JSA(C) if I can't find employment because I can't live on nothing - the carer's allowance is slightly better than nothing and I am grateful for it.

One burning point though. I have been offline 9 hours due to my Internet Provider and I hear the government is now sanctioning claimants if they do not accomplish various online tasks. What happens when you are faced with the IP going down - it sounds like you'd get sanctioned first + ask questions later? Not good. Anyway, I will cross that bridge when I come to it.

11 hours yesterday completing probate / tax paperwork, am exhausted. At least it will arrive where it needs to be by Monday though.