Help with father's will now he has passed away

Savvy_Sue

If you have a valid will with you as sole executor, then you are in charge. Do you have the original of the will, or even a copy? 

The risk is that your father made a later will. If that named your brother as executor or co-executor, it over-rides the one you are aware of. 

Grumpy_chap

Kittyrules said:

My parents took 30k from their home years ago, payable on death. Their mortgage was paid off on the home. 

If that was an equity release arrangement, the £30k will now be far higher as it accrues interest every year.  It could even be to the extent of the Estate being insolvent.

A meeting with the Solicitors who acted as Guardians will provide you with details of the financial position, assets and liabilities.  It should also confirm the latest Will that exists.

Once you have that, you can assess what to do next.

In terms of debts owed, an equity release company will not be concerned with personal effects of nominal value.  For most people, that is pretty much everything other than house and car.  If there is a Rolex with substantial value and debts to be cleared, then that value may be considered interesting by the creditor.

Kittyrules

Thank you. Yes, we found a recent letter for the money owed which is 72k well it was in 2021 when he went into care home. It does state however that it is to be paid when he goes into care home, so my assumption is the solicitor, legal graudian should have paid that by now? 

We also found some bank statements that said at the time of him going in he had 80k in his current account and the same in savings. So they was enough to pay both his care and the money owed? If the legal graudianship didn't pay this then, are they liable for any interest caused?

I have contacted solicitors, nothing yet. I will keep trying. Also will they have paid themselves, does anyone know? His yearly pension should have been around 24k and it's been three years so really he should have had enough for them to pay things. 

My OH is saying we will need to pay IH from our own pocket before we can do probate, is that true? 

Kittyrules

Savvy_Sue said:

If you have a valid will with you as sole executor, then you are in charge. Do you have the original of the will, or even a copy? 

The risk is that your father made a later will. If that named your brother as executor or co-executor, it over-rides the one you are aware of. 

He didn't. We have the last will and the accompanying letter that states my brother will be given nothing. 

RAS

Regarding IHT, if dad was divorced, his allowance is £500k, because he also has the residential allowance. If he was widowed, it could be £1m.

So the house would have to be worth more than £500k if there are substantial care home debts to pay, before IHT becomes an issue.

p00hsticks

Kittyrules said:

So is the five days from the date I get the notification from coroner? 

My concern is if my brother gets notification and decides not to register death in time, he is an !!!!!!, will it cause issues for me as the person in charge of the will it wasn't done in time? 

Yes, if it needs to go to the coroner to confirm the cause of death the clock to register the death is paused until the coroner releases the body.

Although legally the timeframe is five days, in practice if you are actively trying to get it done there wont; be any comeback on you if you can't meet that deadline - at busy periods registrars may not even be able to offer you an appointment that quickly.

 The main issue I can see in your particular case is that you have two separate parties who are not communicating with each other - both are equally eligible to register the death and it's not apparent whether one, both or neither will attempt to do so.

Keep_pedalling

RAS said:

Regarding IHT, if dad was divorced, his allowance is £500k, because he also has the residential allowance. If he was widowed, it could be £1m.

So the house would have to be worth more than £500k if there are substantial care home debts to pay, before IHT becomes an issue.

Even if is over that value the debts (which sound substantial) may mean no IHT is due.

Net estate for IHT purposes = Assets - Funeral costs - debts. 

lisyloo

SVaz said:

Next of kin has no legal standing. 

 He can’t do anything regarding bank accounts etc. as he hasn’t got the will and isn’t the executor.
Is his pension an annuity?  If it is it will probably die with him.
You will need probate to sell the house.  You need to insure it as an empty property, just buildings insurance will suffice. 

The property has been empty 3 years and there are "guardians" in charge.
The should have insured the house properly (and sent someone to switch off the water).
(If they haven't done their job I'd dispute their charges but that's for down the line).

It's not acceptable for the solicitors to just refuse to respond. Keep pushing.
If someone isn't available ask for a date when they will be.
It's the general way of the world in this country and all over the news. Work ethic has been lost in favour of work/life balance since furlough.
Be assertive but remain polite. These people are being paid a LOT so you require a service in return.

When Can I expect a call back pleas?. Can I take your name please (keep a record).
Being nice and asking for help general gets a better response IME so start I'd start with I need help, if that doesn't work I'd get assertive.

Kittyrules

We have been told the solicitors are on holiday, so they will be in touch on their return. 

If they haven't paid back the money owed on the house, is that their responsibility? As it says it must be paid when he entered long term care in 2021 was 72k then owed. 

If money is used for funeral do I declare this to IHT? 

Also do you tell IHT what is owed out? Seems daft to tax someone if its all being used to pay bills. 

I have asked GP to be notified. Also they are sending him to my home town, not sure if my brother told them to do that, he knows my town not my address nowhere. 

otb666

when MIL passed away the doctor who was meant to do something online did not and went on holiday for 2 weeks which meant we had to wait til he returned before we could register death. No one said anything about going over 5 days to us.