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Advice please - to help a friend who is clueless about her deceased husband's estate

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Comments

  • Hi 
    Thank you everyone for your advice and comments.  Sorry for not replying sooner (was at church with the my 'oldies').

    I will be getting further information this week - information from the land registry etc.
    I have also checked the probate register for information on the deceased son and there is no information there - which looks like he may not have written a will (he died in December 2019).

    I am going to support her in getting legal advice this week, so that she can move forward and not have to worry about whether she will have to leave her home.  

    With regards to whether a will existed - we have no idea without getting hold of all of the paperwork from the nephew.

    POA (power of attorney) - that is another thing that I would have to find out if the son had at any point.

    My mum's friend did transfer all the utilities into her name and other bills.

    Thanks again

    BB



    Original debt at LBM July 2008, £47, 654.34. Debt at January 2016, £21,443. Barclaycard [STRIKE]£9,000[/STRIKE]£8,756, Tesco cc [STRIKE]£3000[/STRIKE]£1,136. Debenhams storecard [STRIKE]£350[/STRIKE]£263, OD [STRIKE]£3,500[/STRIKE] £3,000, Corp Tax £3,036, Study loan £1,750, Smaller debts £2,000.

    Since my LBM I have not been fully committed so now I have had a 2nd LBM.
    Aiming to be debt free by December 2016:D
  • xylophone
    xylophone Posts: 45,762 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is possible that the late son held PoA for his father but
    When he became ill with Alzheimer's (he suffered from Alzheimer's for 12 year until his death) his son took over his financial affairs and held all the paperwork for the house and everything else. 

    it is not impossible that the late son had to approach the OPG to arrange guardianship.

    The late son is said to have predeceased his father - therefore any PoA/guardianship would have lapsed.

    This could not just be handed on willy nilly to another person, not even to the late son's /son's wife's nephew.

    With regard to a will, it is not impossible that the father died intestate.

    If there was a will and the named exor was the late son, then again, there  are rules concerning applying for authority to administer the estate in such a situation.


    https://www.heir-tight-wills.co.uk/2017/07/14/what-happens-when-theres-no-executor/

    The OP's friend appears to be being bulldozed by a person who does not necessarily have any right to act.

    In my opinion, she should be seeking qualified legal advice as soon as possible.

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