Help with father's will now he has passed away

p00hsticks

Kittyrules said:

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. 

The first step is to identify the value of all the assets at the time of death (e.g. property, cash in bank, stocks & shares etc) , and the debts owed by the estate at the time of death (e.g. care home fees, solicitor guardianship fees, any unpaid utility or credit card bills prior to death). If the assets minus the debts is over a certain amount then IHT may be payable, but it's probably going to take you a while to get to that stage. I don't think you can deduct funeral expenses (someone more knowledgeable than me may be able to confirm or challenge that).. .

msb1234

What you really need to do is speak to your brother. That way you will be able to ascertain if he has registered your father’s death or not. Im very surprised the care home didn't notify you that your father was on end of life care - did they not have your contact details? 

You may well have a copy of a will made by your father, but that doesn’t mean he didn't make another will later and didn't notify you. As for paying his care home fees etc, it sounds like the solicitors didn't have Deputyship because if they did they would have had access to his bank account to pay all his fees and even be able to sell his house. He could possibly have 3 years worth of care home fees to pay now, which could be in the realms of £150k, plus the equity release which again could be substantial. 

msb1234

p00hsticks said:

Kittyrules said:

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. 

The first step is to identify the value of all the assets at the time of death (e.g. property, cash in bank, stocks & shares etc) , and the debts owed by the estate at the time of death (e.g. care home fees, solicitor guardianship fees, any unpaid utility or credit card bills prior to death). If the assets minus the debts is over a certain amount then IHT may be payable, but it's probably going to take you a while to get to that stage. I don't think you can deduct funeral expenses (someone more knowledgeable than me may be able to confirm or challenge that).. .

It said upthread that he had a prepaid funeral plan. Any additional funeral expenses such as flowers or a wake can be paid directly out of the deceased bank account if the invoices are presented to the bank. 

Grumpy_chap

Kittyrules said:

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. 

Is IHT really likely to be an issue? 
How much is the property worth, in the current condition of unlived in and possibly unmaintained for three years?
There was a debt secured against the property of £72k.  The fact of equity release would suggest no substantial assets other than the residual value of the home.
Plus care home fees of above £40k.

Al though it is annoying and worrying for you at a stressful time that the Solicitor is not immediately available, the value of patience will be very important here.  If the Solicitor was performing their duties as Guardian to a reasonably competent standard, the Solicitor should be able to provide a full and accurate statement of all assets and liabilities, including the status of the equity release loan, care home fees, the Solicitor's fees.

Once you have that understanding of the Estate, whether it is in IHT territory, or insolvent, or somewhere in between, you can make a plan for the next steps from an informed position.
At the moment, you are guessing and speculating about all sorts of "what ifs" - perhaps even going into overdrive with matters such as whether or not the Solicitor should have cleared the equity release loan and what if they did not?

Kittyrules

Can we use the solicitors valuation for house and assets if they did it in 2021? 

RAS

If you are well below the IHT limit, you'd be unwise as you'll get hit for CGT when you sell. If your are borderline on IHT, you'd be unwise as HMRC might challenge an old estimate and insist on a new one which could result in a delay in IHT.

jackieblack

p00hsticks said:

Kittyrules said:

I've been told it could take upto 4 weeks to be sent the paperwork from them to register death? And I can do nothing until then. 

I'm sorry for your loss. 
Who has told you that it could take up to 4 weeks ?

You are usually expected to register a death within 5 working days of it happening, unless a coroner is involved, although I have seen another recent case of a death in hospital where the person was saying that there was a backlog in getting through the death certifications due to the number of deaths.
  
In my recent experience, the 'paperwork' could go electronically straight to the coroner or registrar.   

I’ve registered both my parents deaths in the last 9 months.

The system changed in September last year and the ‘five day rule’ is now from being notified by the Medical Examiner’s office that the cause has benn ‘signed off’ by the ME and the paperwork sent (electronically) to the Registrar’s office.

Kittyrules

UPDATE 

So my father passed in January. Home didn't tell me, my brother who my father had disowned was the only one contacted, he lives in Scotland. The home registered death. 

I am the sole beneficiary and excuter of the will. His solicitors have his will. He had graudianship who has house keys etc. 
We are still waiting the will and keys etc. We wish to ask co-op to do probate as I am just not in the mental state. 

What do I need to do? I am confused. I don't know if his benefits, banks etc have been stopped or closed? Am I legally responsible right now for things? I am worried I am going to be in trouble for things not be closed or stopped. 

I keep hearing the solicitor graudianship isn't responsible at all anymore but we don't have the will, or keys and don't know any of the information to give to the co-op? 

Can anyone help please? 

Thank you

Yorkie1

Last time you were posting about 8 weeks ago, you were waiting for the guardianship solicitor to return from annual leave.

Are they still refusing to allow you to make an appointment to discuss the situation?

Kittyrules

Yorkie1 said:

Last time you were posting about 8 weeks ago, you were waiting for the guardianship solicitor to return from annual leave.

Are they still refusing to allow you to make an appointment to discuss the situation?

The solicitors finally answered email last week, as they now have the will etc. They said they will sort things and send them to us? I want to pay someone to do the will stuff. I have read, I shouldn't do anything if I wish to do this as if I start I have to do the whole thing?