Probate ten years after death-complicated

Tom99

If you do apply for probate you need to think about the tax situation.
If the house has increased in value since MIL died there may well be a CGT bill for either the estate or the beneficiaries to pay. Also what has been happening to the rental income, is any tax on that due by the estate or anyone else?

Savvy_Sue

P1nkert0n wrote: »

We have since learnt that he has moved out of the house (many years ago) renting it out and it is currently being used to grow drugs...

it is worth considering how much this estate is actually going to be worth.

Houses used to grow drugs tend to require a certain amount of fixing up before they sell well. Not to mention the difficulties of evicting tenants when you haven't been collecting the rent all these years.

P1nkert0n

Thanks everyone. We know that the house is solely owned and really it’s not about taking the house and making money we would go ahead and split any money left over with the other siblings as we feel that is the right thing to do. The relationships are all very difficult and complicated for many reason. The ex partner has been renting the house out for many years now. It’s just recently that we have heard that it is being used for drugs before then as far as we are aware it’s been lived in.
In short are we able to apply for probate after such a long time?
What if the partner hadn’t informed people like council tax about the death... we have no idea if this has happened... would we then be liable for these charges? Could we claim back any money spent on repairs/making the place liveable from the estate? Many thanks I know this is a lot of questions

P1nkert0n

Do you know if there is a mortgage on the property? The title deeds would show this but not any outstanding balance.


There was no mortgage left in the property it is owned outright.

PasturesNew

If she died intestate, the house is "yours".

It's not the partner's, never has been.

Any debts couldn't be against the house, but against the partner, unless she'd taken out some strange "equity release" thing, which few people really have in reality. Shouldn't be your problem.

Value of a house has to be much greater than any potential debts.

Just bite the bullet, apply for probate and plod on..... it won't go away by dithering.

Tom99

P1nkert0n wrote: »

What if the partner hadn’t informed people like council tax about the death... we have no idea if this has happened... would we then be liable for these charges? Could we claim back any money spent on repairs/making the place liveable from the estate? Many thanks I know this is a lot of questions

There was no mortgage left in the property it is owned outright.

Any charges due would be due by the estate and you can claim back the cost of work required to put the house in order from the estate.
Do you have a copy of the up to date title to check there are no restrictions on sale as well as no loans secured?

Flugelhorn

P1nkert0n wrote: »

In short are we able to apply for probate after such a long time?
What if the partner hadn’t informed people like council tax about the death... we have no idea if this has happened... would we then be liable for these charges?

Yes you can apply for probate even after this time - happens from time to time when estates just haven't got sorted out and everything carries on- usually until someone else dies and then the second estate can't be untangled until they have probate for the first

Re council tax - presumably the partner has continued paying ? therefore there should be no charges

... and PS - don't dither, the property belongs to the two beneficiaries and I presume that makes you responsible for it

DCFC79

P1nkert0n wrote: »

Do you know if there is a mortgage on the property? The title deeds would show this but not any outstanding balance.


There was no mortgage left in the property it is owned outright.

Use the quote button, makes things easier.


Have you checked if probate has been applied for ?

mattvolatile

Go and find a solicitor, quite urgently.

Robert_McGeddon

P1nkert0n, you have received some good responses so far. To boil it down:

Value
How much is the house worth now? If it's a low value (whatever low means to you) then stop now. Else your husband and his sister stand to gain half each and if you then choose to split it between other beneficiaries that should be possible too. Were there any other assets in the estate?

Complexity
You say you live overseas. You can't be as hands-on as a UK resident. Where does your husband's sister reside? Would she help?
You might have tenants to evict, a house to repair, a potential drugs problem (might the police go for a confiscation under the Proceeds of Crime provisions?) then a house clearance and sale. There may possibly be back rents to go after and dilapidations to recover. Lots to do. You've asked questions on this board but not yet said you've done anything material yourself. Are you up to doing the bulk of this yourself or with your husband's sister?

Risk
If the house is today worth, say, £250K and you are certain of your facts then there is low risk in going for probate. If, however, the cost of repairs means it has low value (say less than £25K) then getting probate locks you in to sorting out a potentially insolvent estate. Not good.

Suggestions
1 Talk to your husband's sister to see if she will help - hopefully 50/50 as she's potentially a 50% beneficiary.
2 Contact a solicitor. The initial chat is usually not charged for. What you have here is more complex than the average estate.