Help with father's will now he has passed away

RAS

You are not allowed to intermeddle. 

That does not prevent your from using the tell us once system. It might be worth checking if the home did that? Otherwise there will probably be overpaid pensions and benefits that need sorting.

As you were advised on February 1, if the solicitors had guardianship, I'd expect that they have details of your father's bank accounts, keys, debts and that they share that with you.

If you are appointing someone else to do the probate, you are doing so as the executor. Someone else does the donkey work but they remain answerable to you. Alternatively you can resign your executorship, but that means that you can't query anything with which you are not happy. And you have no control over the sale.

Beyond that intermeddling does not prevent you contacting his banks to advise that the accounts need closing. Not doing so leaves it open for anyone with a death certificate to go in and ask the bank to transfer the funds to them. Speak to the bereavement departments.

If you want to contract co-op legal to do the probate, you need to make an urgent appointment and appoint them. It may be possible for the guardians to send the will, keys etc direct to them?

Someone is going to have to go to the house and clear it and then deep clean. Either you visit and collect any sentimental items and documents, or you ask the co-op to appoint a house clearance company to clear it without checking for sentimental items. If you do go to collect sentimental stuff, house clearers and deep cleaners can be appointed later.

Kittyrules

RAS said:

You are not allowed to intermeddle. 

That does not prevent your from using the tell us once system. It might be worth checking if the home did that? Otherwise there will probably be overpaid pensions and benefits that need sorting.

As you were advised on February 1, if the solicitors had guardianship, I'd expect that they have details of your father's bank accounts, keys, debts and that they share that with you.

If you are appointing someone else to do the probate, you are doing so as the executor. Someone else does the donkey work but they remain answerable to you. Alternatively you can resign your executorship, but that means that you can't query anything with which you are not happy. And you have no control over the sale.

Beyond that intermeddling does not prevent you contacting his banks to advise that the accounts need closing. Not doing so leaves it open for anyone with a death certificate to go in and ask the bank to transfer the funds to them. Speak to the bereavement departments.

If you want to contract co-op legal to do the probate, you need to make an urgent appointment and appoint them. It may be possible for the guardians to send the will, keys etc direct to them?

Someone is going to have to go to the house and clear it and then deep clean. Either you visit and collect any sentimental items and documents, or you ask the co-op to appoint a house clearance company to clear it without checking for sentimental items. If you do go to collect sentimental stuff, house clearers and deep cleaners can be appointed later.

I was told that without the will and money details, the co op can't do anything. The solicitors said they were going to send us stuff? I can't go to the house as they have the keys etc  

RAS

The Co-op can't do anything but if you sign a contract with the co-op, the solicitors can send all the documents and keys to them.

Otherwise there's nothing to stop you going to the solicitors and picking up the keys and paperwork.

Which do you want to do?

Kittyrules

RAS said:

The Co-op can't do anything but if you sign a contract with the co-op, the solicitors can send all the documents and keys to them.

Otherwise there's nothing to stop you going to the solicitors and picking up the keys and paperwork.

Which do you want to do?

There is. The solicitors are a two hour each way drive. We can't afford that. I will contact the co-op again, when I spoke to them they said without will and amounts they can't do anything. But I'll try again. Thanks 

poppystar

Of course the coop won’t be able to do anything until you have all the documents and information from the current solicitors. You should raise a complaint to the solicitors holding the Will and paperwork  if they have failed to provide it to you after what appears to be at least two months. 

If you are the executor you will need to start to really take control of this. 

Have you absolutely ascertained that the Will you have has not been superseded? 

If the property still exists in the estate then, given the current solicitors role stopped on the death, you should be ensuring it is insured at the very minimum. 

Is there anyone local to the solicitor who can go there on your behalf (with prior arrangement from you)? Can you borrow the money for the trip - you will be able to claim expenses from the estate later. 

RAS

Kittyrules said:

RAS said:

The Co-op can't do anything but if you sign a contract with the co-op, the solicitors can send all the documents and keys to them.

Otherwise there's nothing to stop you going to the solicitors and picking up the keys and paperwork.

Which do you want to do?

There is. The solicitors are a two hour each way drive. We can't afford that. I will contact the co-op again, when I spoke to them they said without will and amounts they can't do anything. But I'll try again. Thanks 

You need to phrase the question carefully.

Not "can you do probate and the documents are 2 hours drive away", but "If I appoint you to do probate, can the solicitor who's got the documents send them to you?"

madbadrob

IHT is paid on the net value of the estate.  SO for example your father leaves 500k.  The tax free allowance (assuming there is no spousal addition ) is 325k  so IHT would be paid on 175k at 40 percent which is 70 k however if then there are debts of 100k you would only pay 40% of 75k wi=hich is 30k 

When you apply for probate they will ask for gross value of estate and net value for purposes of IHT.  The gross value and Net value can of course be estimates as no one knows what a house will sell for.  Id obtain 3 valuations and use the larger value so your not underestimating it.

Rob

poppystar

madbadrob said:

IHT is paid on the net value of the estate.  SO for example your father leaves 500k.  The tax free allowance (assuming there is no spousal addition ) is 325k  so IHT would be paid on 175k at 40 percent which is 70 k however if then there are debts of 100k you would only pay 40% of 75k wi=hich is 30k 

When you apply for probate they will ask for gross value of estate and net value for purposes of IHT.  The gross value and Net value can of course be estimates as no one knows what a house will sell for.  Id obtain 3 valuations and use the larger value so your not underestimating it.

Rob

He will have at least £500k of allowance as he will have his own RNRB as the estate is being left to direct descendants. Possibly even more if he was married and inherited from his wife. So your calculations are not applicable here. 

Also OP at this point does not know if the house is still owned by the father or whether it was sold under guardianship. Getting the basic records from the solicitor with guardianship must be the priority for now.