Is probate necessary?

poppystar

scaredm said:

Brie said:

scaredm said:

Thank you so much.

But, gosh, this is so complicated to a complete novice.  When you say "advertise for any creditors" what does this mean exactly in layman's terms?

There's an official way to advertise but you might want to start by checking her credit report for anything really obvious.

p.s.  Can a solicitor, if left to deal with probate etc, do all this?

At a cost! Also they will ask you for the information anyway so it only lightens some of the load and it will almost certainly add time.

One thing that might suggest a solicitor is a good idea is the potential issue with the other sibling. Is he likely to try to contest the Will or make things difficult? If so, you might want to involve a solicitor at some point so you don’t have to personally deal with that son.

Otherwise is isn’t as daunting a task as it might sound, honestly. Once you start it starts to get clearer. Have a look at the forms. It sounds like mother left good records which is really helpful. I never bothered with advertising for creditors as I knew the finances and was as certain as possible that there were none.

scaredm

poppystar said:

scaredm said:

Brie said:

scaredm said:

Thank you so much.

But, gosh, this is so complicated to a complete novice.  When you say "advertise for any creditors" what does this mean exactly in layman's terms?

There's an official way to advertise but you might want to start by checking her credit report for anything really obvious.

p.s.  Can a solicitor, if left to deal with probate etc, do all this?

At a cost! Also they will ask you for the information anyway so it only lightens some of the load and it will almost certainly add time.

One thing that might suggest a solicitor is a good idea is the potential issue with the other sibling. Is he likely to try to contest the Will or make things difficult? If so, you might want to involve a solicitor at some point so you don’t have to personally deal with that son.

Otherwise is isn’t as daunting a task as it might sound, honestly. Once you start it starts to get clearer. Have a look at the forms. It sounds like mother left good records which is really helpful. I never bothered with advertising for creditors as I knew the finances and was as certain as possible that there were none.

The other brother is a huge concern.  Up until a few days ago, we thought he was getting a third.  (He didn't know he was getting anything as he's been estranged for a few years).  However, when we got the latest version of the will from the solicitor, mother-in-law had drawn a line through his name and it was initialed (witnessed) by the solicitor and her carer.  According to the solicitor it's legally binding.

Flugelhorn

It definitely isn't as daunting as it sounds - "officially" you are supposed to advertise in the gazette and paper for creditors as this absolves the executor HOWEVER the beneficiaries would still be liable if someone turned up a a later date. I was sole exec and beneficiary so made no difference and I didn't advertise. Solicitors always do - it delays the process and adds to the costs but they don't know the deceased finances and can't take the risk.

In most cases it is unlikely that there are creditors - maybe the odd newsagents bill, etc etc but likely to be minimal

I would do the probate (seriously loads of us on here hadn't a clue and managed with help and hints from otehrs) and then you will need a solicitor to handle the sale of the property. 

PS good point above about the other sibling, is he likely to turn up wanting his share?

poppystar

scaredm said:

poppystar said:

scaredm said:

Brie said:

scaredm said:

Thank you so much.

But, gosh, this is so complicated to a complete novice.  When you say "advertise for any creditors" what does this mean exactly in layman's terms?

There's an official way to advertise but you might want to start by checking her credit report for anything really obvious.

p.s.  Can a solicitor, if left to deal with probate etc, do all this?

At a cost! Also they will ask you for the information anyway so it only lightens some of the load and it will almost certainly add time.

One thing that might suggest a solicitor is a good idea is the potential issue with the other sibling. Is he likely to try to contest the Will or make things difficult? If so, you might want to involve a solicitor at some point so you don’t have to personally deal with that son.

Otherwise is isn’t as daunting a task as it might sound, honestly. Once you start it starts to get clearer. Have a look at the forms. It sounds like mother left good records which is really helpful. I never bothered with advertising for creditors as I knew the finances and was as certain as possible that there were none.

The other brother is a huge concern.  Up until a few days ago, we thought he was getting a third.  (He didn't know he was getting anything as he's been estranged for a few years).  However, when we got the latest version of the will from the solicitor, mother-in-law had drawn a line through his name and it was initialed (witnessed) by the solicitor and her carer.  According to the solicitor it's legally binding.

It is legally binding but there is nothing to stop the other siblings doing a deed of variation to give some to him - either from a sense of fairness, love or simply to reduce the likelihood of any challenge. A challenge is unlikely to succeed but could delay things. I am amazed though that this was just done by a line through his name rather than a new Will! The original Will will become a public document and although it makes no difference I think I’d rather it showed no mention of the estranged person rather than seeing a line through the name - just my personal feelings. 

scaredm

poppystar said:

scaredm said:

poppystar said:

scaredm said:

Brie said:

scaredm said:

Thank you so much.

But, gosh, this is so complicated to a complete novice.  When you say "advertise for any creditors" what does this mean exactly in layman's terms?

There's an official way to advertise but you might want to start by checking her credit report for anything really obvious.

p.s.  Can a solicitor, if left to deal with probate etc, do all this?

At a cost! Also they will ask you for the information anyway so it only lightens some of the load and it will almost certainly add time.

One thing that might suggest a solicitor is a good idea is the potential issue with the other sibling. Is he likely to try to contest the Will or make things difficult? If so, you might want to involve a solicitor at some point so you don’t have to personally deal with that son.

Otherwise is isn’t as daunting a task as it might sound, honestly. Once you start it starts to get clearer. Have a look at the forms. It sounds like mother left good records which is really helpful. I never bothered with advertising for creditors as I knew the finances and was as certain as possible that there were none.

The other brother is a huge concern.  Up until a few days ago, we thought he was getting a third.  (He didn't know he was getting anything as he's been estranged for a few years).  However, when we got the latest version of the will from the solicitor, mother-in-law had drawn a line through his name and it was initialed (witnessed) by the solicitor and her carer.  According to the solicitor it's legally binding.

It is legally binding but there is nothing to stop the other siblings doing a deed of variation to give some to him - either from a sense of fairness, love or simply to reduce the likelihood of any challenge. A challenge is unlikely to succeed but could delay things. I am amazed though that this was just done by a line through his name rather than a new Will! The original Will will become a public document and although it makes no difference I think I’d rather it showed no mention of the estranged person rather than seeing a line through the name - just my personal feelings. 

Absolutely! This was our feeling too.

The brother is a real bad'n.  Long history of lies, deception, theft.  MIL was originally talked into leaving it 3-ways by her solicitor as she was told none of the siblings could then contest.  When the solicitor went to her house a year ago with the paperwork, MIL apparently was adamant that the eldest sibling was crossed out.  The solicitor asked her carer to witness and the rest is history.  If a deed of variation was drawn up, it would only be to prevent further trouble down the line.  There is certainly no love lost.

Flugelhorn

I agree - curious it wasn't a new will or codicil. How difficult for you all. Sounds like brother didn't expect any - has he been involved at all?

scaredm

Flugelhorn said:

I agree - curious it wasn't a new will or codicil. How difficult for you all. Sounds like brother didn't expect any - has he been involved at all?

Not involved in the slightest.  He's been completely estranged for approx 3 years.  Brother has no idea if he's in the will or not.  And we don't know how/when/if to tell him he's not.  Any advice on that?

Sea_Shell

scaredm said:

Flugelhorn said:

I agree - curious it wasn't a new will or codicil. How difficult for you all. Sounds like brother didn't expect any - has he been involved at all?

Not involved in the slightest.  He's been completely estranged for approx 3 years.  Brother has no idea if he's in the will or not.  And we don't know how/when/if to tell him he's not.  Any advice on that?

There's no legal requirement to tell someone they're NOT a beneficiary.  How could there be, if you think about it.

So it's a judgement call.

Is he aware of the death?

user1977

Flugelhorn said:

It definitely isn't as daunting as it sounds - "officially" you are supposed to advertise in the gazette and paper for creditors as this absolves the executor HOWEVER the beneficiaries would still be liable if someone turned up a a later date. I was sole exec and beneficiary so made no difference and I didn't advertise. Solicitors always do - it delays the process and adds to the costs but they don't know the deceased finances and can't take the risk.

There's no need to do it unless there is some doubt about the deceased's finances - it might make sense if it's, say, someone who was self-employed and whose finances were in a mess, but seems utterly pointless for e.g. someone who's been in a nursing home for the past decade, especially if somebody else was looking after their money towards the end. And as you say, the chances of a creditor perusing the Gazette etc seems remote.

scaredm

Sea_Shell said:

scaredm said:

Flugelhorn said:

I agree - curious it wasn't a new will or codicil. How difficult for you all. Sounds like brother didn't expect any - has he been involved at all?

Not involved in the slightest.  He's been completely estranged for approx 3 years.  Brother has no idea if he's in the will or not.  And we don't know how/when/if to tell him he's not.  Any advice on that?

There's no legal requirement to tell someone they're NOT a beneficiary.  How could there be, if you think about it.

So it's a judgement call.

Is he aware of the death?

Yes he is.