Help on charging order on late fathers house.

Rob_01

AdrianC said:

Rob_01 said:

I got probate last year, a couple of months after he passed.

So you applied for probate before fully identifying the extent of his assets and debts?

As I have mentioned a couple of times, I was unaware of any debts. His name got put in a paper for any debtors to get in touch. My dad was not good with paperwork. I had to apply for probate, to be able to speak to the mortgage company legally, and identify what settlement figure was outstanding. This was to identify what his assets were.

As executor of his Will. Isn't this what you are supposed to do?

Rob_01

SusieT said:

I would ask your solicitor to look closely at the order, as IF it is only an interin, and IF it is a restriction it may have a very small chance of being negotiable. Its worth a try

I think that is the best outcome at this moment. Damage limitation

davidmcn

Rob_01 said:

I had to apply for probate, to be able to speak to the mortgage company legally, and identify what settlement figure was outstanding. This was to identify what his assets were.

As executor of his Will. Isn't this what you are supposed to do?

No, the other way round - you find out the value of the estate (including any debts) before you can apply for probate.