A Nightmare scenario

StevieD54

“maybe your solicitor needs to confirm lack of capacity for the substitute to take over?”

I really hope that will be the case, I guess it will depend largely on his son’s attitude and actions.  His biological son and substitute executor that is, not his adopted son, my nephew, who has autism.

durks

StevieD54 said:

My main worry is this ………how on earth can all those household DD’s continue to be paid when her account is frozen, something I expect will happen next week. 

Don't inform the bank of the death until you have got the DD's sorted out.

RAS

StevieD54 said:

“maybe your solicitor needs to confirm lack of capacity for the substitute to take over?”

I really hope that will be the case, I guess it will depend largely on his son’s attitude and actions.  His biological son and substitute executor that is, not his adopted son, my nephew, who has autism.

Since dad is not able to manage his own affairs, he cannot make a new will. Do you know what that says?

And do you appreciate that if he died intestate, the adopted and biological sons have exactly the same status in inheritance law and would inherit equally?

elsien

But he didn’t die intestate. And there is a will  with substitute executors, and the OP has already said what it contains so I’m not sure what your point is? 

StevieD54

Durks………
I agree, so I’ll wait to see what each utility bereavement team says, and how the bills will look in future, e.g. my mum and I can afford to pay essentials bills for a bit, but going forward, in whose name will the bills be?

But is it up to me to act? If I wade in sorting the utilities, is that ‘legal’?  The care home husband is the sole executor and his son is now attempting to get LPA for him, but I don’t see how he can.  Possibly Court of Protection?

elsien

I can’t see an issue with sorting out utilities by changing the name to that of the son still living there. It’s no different to when you move house or rental property. You are informing them that the name of the bill holder has changed, and giving a reading so that any new bills will come to the right person. 

If any money is owed by your sister’s estate then they will just have to wait to get paid until the correct mechanisms are in place. 

Simply informing of a death is not unlawful.

You seem to be avoiding wanting the son to having to start to pay bills - disability or not, that is real life and he would have to be paying his way wherever he was living.

Savvy_Sue

I think there are 2 sons (from an earlier post), one with and one without a disability.

Flugelhorn

StevieD54 said:

Durks………
I agree, so I’ll wait to see what each utility bereavement team says, and how the bills will look in future, e.g. my mum and I can afford to pay essentials bills for a bit, but going forward, in whose name will the bills be?

But is it up to me to act? If I wade in sorting the utilities, is that ‘legal’?  The care home husband is the sole executor and his son is now attempting to get LPA for him, but I don’t see how he can.  Possibly Court of Protection?

the utility bills are nothing to do with the execs or any deputyship for the father - the only person living in the property is the son and the bills should be in his name with you managing them. the utility companies will immediately swap them over, they don't worry who owns a property just that the person there using the fuel is the one paying the bills and that they have his name 

StevieD54

elsien and flugelhorn………
I’m not particularly avoiding having the son paying the bills, it’s how he’s going to pay for them, that’s the issue.  My nephew will only have a source of ‘income’ when the husband dies, the Wills state that what’s left goes into Trust for him. His current benefits just about cover his day to day spending and that’s it. “the bills should be in his name with you managing them”……the inheritance of the estate should pay surely?  But as someone said earlier, the husband doesn’t live there anymore. It’s a mess, that much I do know.

I will gradually contact the utilities when time permits, but I’m up to my neck in funeral arrangements atm.  So for instance, I checked the water supplier bereavement page today, and amongst other info, they want the name of the executor, and I’m guessing all the utilities will want that.  Well the executor is not me, so I’ve no idea what they’ll say when I tell them who is. I’m seeing a solicitor tomorrow so might get a bit of clarity.

Flugelhorn

StevieD54 said:

elsien and flugelhorn………
I’m not particularly avoiding having the son paying the bills, it’s how he’s going to pay for them, that’s the issue.  My nephew will only have a source of ‘income’ when the husband dies, the Wills state that what’s left goes into Trust for him. His current benefits just about cover his day to day spending and that’s it. “the bills should be in his name with you managing them”……the inheritance of the estate should pay surely?  But as someone said earlier, the husband doesn’t live there anymore. It’s a mess, that much I do know.

I will gradually contact the utilities when time permits, but I’m up to my neck in funeral arrangements atm.  So for instance, I checked the water supplier bereavement page today, and amongst other info, they want the name of the executor, and I’m guessing all the utilities will want that.  Well the executor is not me, so I’ve no idea what they’ll say when I tell them who is. I’m seeing a solicitor tomorrow so might get a bit of clarity.

the problem is the nephew's finances - presume he needs a new assessment now he is the only person living in the house.