How to get bank to release death person money if solicitor is executor?

ahfat41

My daughter’s mil died yesterday and the solicitor is the executor. My son in law  had power of attorney in her account. Now she has died what happens to the direct debits set in her account, the house has been empty for 6 months. He also need money for her funeral and to pay the care home fees. Does he need to go through the solicitor to get the money released? Can he close the account or does the solicitor have to do it? He is too upset to handle these now and I thought I might get some advise for those who have been through the same. He can claim from the estate but the house must be sold first. He does not have much savings so most likely will need to get a loan to pay solicitor, bills etc and then claim from the estate. Thanks

Flugelhorn

One thing to consider is if your sil feels he wants to handle the estate himself? as he has had POA he would probably find it quite easy - he can ask the solictor to renounce and then be exec himself.

Re bills - the Funeral Directors can send the bill to the bank and they will pay out of MIL's account
all others have to wait until probate is granted - this includes care home, utilities, council tax, solicitor etc etc  etc - the only one to pay is the insurance on the house.

msb1234

First of all, he could ask the solicitor to rescind Executorship and do it himself, that way there will be minimal solicitor fees to pay.
Ask the funeral director to send the bill to the deceased bank - they will pay it directly. He really doesn’t need to pay out anything from his own pocket. Everyone will be happy to wait for the sale of the house before they get paid. 

Torry_Quine

The account needs to be frozen. The bank will release money for the funeral. 
Any bills will have to wait for now until the money is available from the estate 

Marcon

ahfat41 said:

My daughter’s mil died yesterday and the solicitor is the executor. My son in law  had power of attorney in her account. Now she has died what happens to the direct debits set in her account, the house has been empty for 6 months. He also need money for her funeral and to pay the care home fees. Does he need to go through the solicitor to get the money released? Can he close the account or does the solicitor have to do it? He is too upset to handle these now and I thought I might get some advice for those who have been through the same. He can claim from the estate but the house must be sold first. He does not have much savings so most likely will need to get a loan to pay solicitor, bills etc and then claim from the estate. Thanks

If the charges are payable by the estate, then that's what needs to happen - and creditors may have to wait.

If his mother only died yesterday, it's no surprise he hasn't magically bounced back and raring to get on with a whole host of things he's never had to tackle. Possibly offering some practical help, such as joining a Zoom call with your son in law and the solicitor to discuss the next steps?

RAS

The executor is responsible for paying everything, not SIL. Unless MIL was very wealthy, they may not want the trouble of getting managing the house and probate, so SIL and other residuary beneficiaries can ask the solicitor if they will renounce, which may attract a small fee.

The funeral director will be used to billing the bank directly, this is usual practice. 

The banks will freeze her accounts when they are informed. 

Hopefully, SIL has set up empty property house insurance already which just runs on until renewal? If not speak to the executor, and see if they will delegate.

If the executor insists on doing the job, they may manage the house, or be prepared to delegate. They will need all the details of the house, bills and accounts from SIL anyway. 

ahfat41

Thank you for all your good advice. I will pass them to my daughter. I have not spoken to him we are not that close. MIL only assets the house worth may be over £450,000 and approx £30,000 in bank account. Daughter mentioned 5% of assets for probate. No death certificate yet as coroner involved. She died in a nursing home. I can pass the message he will not be responsible for the outstanding bills. The house was empty prior to her death and insurance knows it is unoccupied. His first job is to contact solicitor regarding mutual will even daughter dared not ask what he is going to do next, he is so upset as it is. When I asked questions have got the impression they think am interfering. Thanks again.

Flugelhorn

@ahfat41 seriously check the insurance - the company may know that the property is empty but I think some policies lapse on the death of the name person. 

re helping person in this situation. hopefully your daughter can do some things for him, often other relatives will phone solicitors etc etc just to inform them ask re next steps - the nearest and dearest often find it too hard

RAS

Just read your other thread. It would be better to keep to one. Just because SIL's mum has now died, it doesn't change the advice.