Probate not started - Care home fees

DairyQueen

The downside of a deferred payment plan is that the the LA will charge interest on the deferred amount. But, if gran has sufficient savings to pay for several months then deferral may not be required.

There is no advantage (as far as I can see) in a DoV. The 50% share left to grandkids by Grandad is unavailable for Gran's care fees. Hopefully, Gran's 50% share (plus her savings) will be ample to provide a good standard of care for her.

Is wife's sister amicable to you living rent-free in the house if Gran goes into care? Sister will likely be the loser here as she will delay receiving her share of the house in order that you are able to benefit from rent-free living for several months.

Mojisola

Have you looked at the AgeUK info on paying for care such as -

www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs38_property_and_paying_for_residential_care_fcs.pdf

Noneforit999

DairyQueen said:

The downside of a deferred payment plan is that the the LA will charge interest on the deferred amount. But, if gran has sufficient savings to pay for several months then deferral may not be required.

There is no advantage (as far as I can see) in a DoV. The 50% share left to grandkids by Grandad is unavailable for Gran's care fees. Hopefully, Gran's 50% share (plus her savings) will be ample to provide a good standard of care for her.

Is wife's sister amicable to you living rent-free in the house if Gran goes into care? Sister will likely be the loser here as she will delay receiving her share of the house in order that you are able to benefit from rent-free living for several months.

Thanks for your reply, noted on the interest for deferred payment. Its going to depend on the care home and how much the fees are in terms of how long the savings will pay but I would assume the house will need to go on the market 2-3 months before the money is due to run out to ensure the monthly payment carries on rather than waiting until it runs out and then marketing the house etc.

Im not sure if they can even sell the house without probate and he (Son) hasn't even applied for this yet, he hasn't even done an IHT205 form and its been 15 months since the death so assuming he will be getting a fine for that.

In terms of the sister, there is no issue there. She doesn't even want the money and to be frank, my Wife doesn't 'need' it either, I suspect they are going to do equal shares once the house is sold, so both sisters and their Dad (only Child) will get a third each of Grandads share.

Keep_pedalling

Someone made a very poor choice of executor by appointing a sibling who is not a beneficiary. If he is not interested then he should renounce and hand the job over to the 2 sisters. The house cannot be sold until probate is obtained, so it should not delayed any further.

There are no financial penalties for leaving it so long unless IHT was due which has to be paid within 6 months. 

Noneforit999

Keep_pedalling said:

Someone made a very poor choice of executor by appointing a sibling who is not a beneficiary. If he is not interested then he should renounce and hand the job over to the 2 sisters. The house cannot be sold until probate is obtained, so it should not delayed any further.

There are no financial penalties for leaving it so long unless IHT was due which has to be paid within 6 months. 

I think there is some confusion, there are not three siblings.

Gran and Grandad had one child, My Wife's Dad who is executor of the will but not a beneficiary. Assuming this was done as he is the only child they had.

My wife and her sister (Grandkids) are the beneficiaries. 

Thanks

Mojisola

Noneforit999 said:

Keep_pedalling said:

 If he is not interested then he should renounce and hand the job over to the 2 sisters. The house cannot be sold until probate is obtained, so it should not delayed any further.

Gran and Grandad had one child, My Wife's Dad who is executor of the will but not a beneficiary. Assuming this was done as he is the only child they had.

My wife and her sister (Grandkids) are the beneficiaries. 

It still be a good idea to ask him to renounce and let the beneficiaries deal with the estate. 

Keep_pedalling

Noneforit999 said:

Keep_pedalling said:

Someone made a very poor choice of executor by appointing a sibling who is not a beneficiary. If he is not interested then he should renounce and hand the job over to the 2 sisters. The house cannot be sold until probate is obtained, so it should not delayed any further.

There are no financial penalties for leaving it so long unless IHT was due which has to be paid within 6 months. 

I think there is some confusion, there are not three siblings.

Gran and Grandad had one child, My Wife's Dad who is executor of the will but not a beneficiary. Assuming this was done as he is the only child they had.

My wife and her sister (Grandkids) are the beneficiaries. 

Thanks

Sorry, brain not quite in gear yet, but I still think it would be better for him to renounce and let the sisters deal with this. He has already been pretty negligent in leaving it 15 months and I would not trust him to do a good job now.