Probate question

stupidgirl09

Hi i wonder if anyone is in the position to offer advice? My dad has sadly passed away a few days ago and we are slowly going through the process of sorting things out. My mum is still alive, albeit in a nursing home with advanced dementia and everything my dad has in terms of money other than an insurance policy is in joint names as well as the house being jointly owned. He has left a will with everything going to my mum and me and my sister are the executors. At this stage do i need to go through probate? If it is all in my mums name as well do i need to do anything with dads will? Any help would be greatly appreciated. Thanks

Tom99

[FONT=Verdana, sans-serif]There is probably no immediate need for probate assuming the insurance co do not need it.[/FONT]
[FONT=Verdana, sans-serif]Do you have POA for your mum? If not that may be the biggest problem going forward because presumably your parents' house is now vacant and decisions will need to be made.[/FONT]

Yorkshireman99

stupidgirl09 wrote: »

Hi i wonder if anyone is in the position to offer advice? My dad has sadly passed away a few days ago and we are slowly going through the process of sorting things out. My mum is still alive, albeit in a nursing home with advanced dementia and everything my dad has in terms of money other than an insurance policy is in joint names as well as the house being jointly owned. He has left a will with everything going to my mum and me and my sister are the executors. At this stage do i need to go through probate? If it is all in my mums name as well do i need to do anything with dads will? Any help would be greatly appreciated. Thanks

Does anyone have power of attorney for your mother? The complications will depend on the banks who must be informed ASAP. Also the way the house is owned i.e. joint tenants or tenants in common.

stupidgirl09

Yes we have power of attorney sorted for both parents two years ago but haven't needed to do anything until now. We are going to the bank on Monday all being well. So i take it i'm better sorting the bank side of things first? The house is joint tenants.

Tom99

If the house is joint tenants there is no need to do anything in a rush, you can leave it until the property is sold if you want to.

Keep_pedalling

If you father holds shares or has accounts with banks containing higher levels of cash than the bank are prepared to release without probate then you will need to go through that process to release those assets.

If your mother’s care is current LA funded, then you will need to inform them of her change of financial circumstance.

stupidgirl09

Ok thanks. We are hopefully going to the bank tomorrow so take it from there.