Do I need Letters of Administration?

kate1979

My Mum died very suddenly this year in February, and I have been dealing with all of her paperwork. When she died, she was about £3700 overdrawn and had a store card for about £1000, and had no will.

She had a life insurance policy and we have used this to pay for the funeral, and to pay off a large proportion of the debts - the store card company actually reduced the debt she owed so that it would be paid off quicker. After all monies have come in, the only debt left is about £500 overdraft, the store card is completely paid off.

My brothers and sisters and I received a death in service payment, but as I understand it, this is separate from her estate.

However, it is possible that she might be owed some more money - she was previously a care worker doing night shifts, and her company are currently investigating whether she is owed 10 years of back pay for underpaid night shifts (part of a nationwide investigation). I am in contact with them, but the situation is still under review, and for this reason have not finally closed her current account yet (the one with the overdraft).

Also, today I have received a letter telling me that she is owed some money from work and pensions - they haven't stated the amount though.

So it is possible, though not certain (as one company has successfully challenged the night pay) that she will get some back pay, which in some cases has run into thousands, and she will definitely be owed money from work and pensions, just no idea how much.

Previously, I have been dealing with all banks without letters of administration - she had no house to sell, no car and her accounts were in debt so according to gov.com I didn't need them, and haven't been asked for them. However, now that it seems that she will be getting an amount of money, do I need to apply for them? The website advising on the letters wants me to estimate the amount of estate that she would have, but I have absolutely no idea as I haven't been told.

Many thanks.

Yorkshireman99

kate1979 wrote: »

My Mum died very suddenly this year in February, and I have been dealing with all of her paperwork. When she died, she was about £3700 overdrawn and had a store card for about £1000, and had no will.

She had a life insurance policy and we have used this to pay for the funeral, and to pay off a large proportion of the debts - the store card company actually reduced the debt she owed so that it would be paid off quicker. After all monies have come in, the only debt left is about £500 overdraft, the store card is completely paid off.

My brothers and sisters and I received a death in service payment, but as I understand it, this is separate from her estate.

However, it is possible that she might be owed some more money - she was previously a care worker doing night shifts, and her company are currently investigating whether she is owed 10 years of back pay for underpaid night shifts (part of a nationwide investigation). I am in contact with them, but the situation is still under review, and for this reason have not finally closed her current account yet (the one with the overdraft).

Also, today I have received a letter telling me that she is owed some money from work and pensions - they haven't stated the amount though.

So it is possible, though not certain (as one company has successfully challenged the night pay) that she will get some back pay, which in some cases has run into thousands, and she will definitely be owed money from work and pensions, just no idea how much.

Previously, I have been dealing with all banks without letters of administration - she had no house to sell, no car and her accounts were in debt so according to gov.com I didn't need them, and haven't been asked for them. However, now that it seems that she will be getting an amount of money, do I need to apply for them? The website advising on the letters wants me to estimate the amount of estate that she would have, but I have absolutely no idea as I haven't been told.

Many thanks.

Because you have “intermeddled” in the estate you can’t now withdraw as executor. The best. Course is to apply for LOA use estimates for the value.

kate1979

Thanks - I'm happy to carry on as administrator/executor, and also happy to get the letters if needed. The dept. of W and P have confirmed the refund is a small amount, not even enough to fully cover the overdraft, so that's where that will go, so sorted.

However, I still have the issue of the potential back pay - I've no idea if she'll be awarded thousands, hundreds or nothing. It may be over the £5000 limit for free letters of administration, or it may not - I have no way of telling. Is it worth getting the letters anyway, estimating the estate as less than £5000, and taking it from there?

Yorkshireman99

kate1979 wrote: »

Thanks - I'm happy to carry on as administrator/executor, and also happy to get the letters if needed. The dept. of W and P have confirmed the refund is a small amount, not even enough to fully cover the overdraft, so that's where that will go, so sorted.

However, I still have the issue of the potential back pay - I've no idea if she'll be awarded thousands, hundreds or nothing. It may be over the £5000 limit for free letters of administration, or it may not - I have no way of telling. Is it worth getting the letters anyway, estimating the estate as less than £5000, and taking it from there?

That would be best. Unless the estate was going to attract IHT then apart from the probate fees it is not relevant.

Brynsam

Yorkshireman99 wrote: »

Because you have “intermeddled” in the estate you can’t now withdraw as executor.

Not an executor - there was no will.

Yorkshireman99

Brynsam wrote: »

Not an executor - there was no will.

That is just pedantry. Anyone who intermeddles becomes executor or administrator

Marcon

Yorkshireman99 wrote: »

That is just pedantry. Anyone who intermeddles becomes executor or administrator

No - it is accuracy. You were wrong and it isn't helpful.

antrobus

Marcon wrote: »

No - it is accuracy. You were wrong and it isn't helpful.

I usually prefer to use the phrase 'personal representative', as in 'an executor or administrator of the estate of a deceased person'.

This avoids the possibility that some pedant might pop up with some unhelpful 'correction'.:)

Yorkshireman99

Marcon wrote: »

No - it is accuracy. You were wrong and it isn't helpful.

I would suggest that it was YOUR curt interruption was not helpful. If you had explained the point for those,such as the OP, who are struggling enough already with the problem it would have been helpful. As it was you were just showing off.