Will advice

RAS

madlyn said:

Keep_pedalling said:

Browntoa said:

If there was a will then there must be a probate 

Contact the probate office if you have concerns 

That is simply not correct. Probate / letters of administration is only required wher the deceased had assets that cannot be released without it, or an IHT return is also required. If at the time of death the OPs aunt owned no property or equities and did not have very large cash deposits then it is highly unlikely probate would be needed.

Her property was sold about 18 months before her death, to help pay for the care home bill.

So it wouldn't take much sleuthing to find out how much it sold for? Or much work to estimate the cost of 18 months of care home fees cost? Which would give you a clue as to whether there was a substantial estate left?

madlyn

boingy said:

You mention that your father does not have a good relationship with the niece but how about you?
It's not unreasonable for you to ask her about a will and the estate. If you need a reason to ask then you could say that your dad is worrying about it, which it sounds like he is.

As for something underhand going on you may never be able to find out. Yes, it's possible the niece schemed to benefit from your aunt's last years but it's also possible that she turned up for another reason and ended up easing your aunt through those last years. You are not certain that there was a will or if the niece had POA or even if there were any assets left.

So if I were you I'd ask the niece about it but be prepared to just move on and encourage your father to do the same. 

I don't speak to her and haven't done for years, we are cousins and thats where our elationship ends.

madlyn

caprikid1 said:

"ran a village store for many years" did she own it ? 

Remember that many people who ran a village store did so as a community project long after it was profitable so combined with care home fee's there could be little left....

Yes she did own it along with her late husband.

madlyn

RAS said:

madlyn said:

Keep_pedalling said:

Browntoa said:

If there was a will then there must be a probate 

Contact the probate office if you have concerns 

That is simply not correct. Probate / letters of administration is only required wher the deceased had assets that cannot be released without it, or an IHT return is also required. If at the time of death the OPs aunt owned no property or equities and did not have very large cash deposits then it is highly unlikely probate would be needed.

Her property was sold about 18 months before her death, to help pay for the care home bill.

So it wouldn't take much sleuthing to find out how much it sold for? Or much work to estimate the cost of 18 months of care home fees cost? Which would give you a clue as to whether there was a substantial estate left?

We've done that and with our workings out, we do think that there was a considerable amount left.

boingy

madlyn said:

RAS said:

madlyn said:

Keep_pedalling said:

Browntoa said:

If there was a will then there must be a probate 

Contact the probate office if you have concerns 

That is simply not correct. Probate / letters of administration is only required wher the deceased had assets that cannot be released without it, or an IHT return is also required. If at the time of death the OPs aunt owned no property or equities and did not have very large cash deposits then it is highly unlikely probate would be needed.

Her property was sold about 18 months before her death, to help pay for the care home bill.

So it wouldn't take much sleuthing to find out how much it sold for? Or much work to estimate the cost of 18 months of care home fees cost? Which would give you a clue as to whether there was a substantial estate left?

We've done that and with our workings out, we do think that there was a considerable amount left.

Then frankly, and you don't want to hear this, you or your dad have to talk to the niece. How else are you going to find out what has gone on?

madlyn

boingy said:

madlyn said:

RAS said:

madlyn said:

Keep_pedalling said:

Browntoa said:

If there was a will then there must be a probate 

Contact the probate office if you have concerns 

That is simply not correct. Probate / letters of administration is only required wher the deceased had assets that cannot be released without it, or an IHT return is also required. If at the time of death the OPs aunt owned no property or equities and did not have very large cash deposits then it is highly unlikely probate would be needed.

Her property was sold about 18 months before her death, to help pay for the care home bill.

So it wouldn't take much sleuthing to find out how much it sold for? Or much work to estimate the cost of 18 months of care home fees cost? Which would give you a clue as to whether there was a substantial estate left?

We've done that and with our workings out, we do think that there was a considerable amount left.

Then frankly, and you don't want to hear this, you or your dad have to talk to the niece. How else are you going to find out what has gone on?

Having given it a lot of thought overnight, realising that as my Father will soon turn 82 I dont want this playing on his mind. This morning I have contacted the niece (my cousin).
I've not had a response from her, but I've taken the first step to possibly getting some answers.

madbadrob

Firstkly a Lasting power of attonrey if it was actioned would have to be approved through the office of the public guardian.  If this happened they would be able to tell you if there was one and when it was enacted.  A solicitor may be needed to get this info.  

Has anyone spoke to the care home?  They usully know a lot more about someones financials than you would imagine and usually are good at answering questions.  Welll thats what I find when dealing with intestate investigations.

I think I read you had worked out the monies raised by the sale of their shop/home was of such a value that the care home fees would have in all liklihood eaten this up.  Again a quick question to the care home asking whether there are any outstanding fees and did the deceased pay them or was someone else paying them for her.

Unfortunately if the neidce ignores your approach you will only have one other course of action and that would involve expense in solicitors fees that you would  never recover.  Soetimes it is better to let things go and remember the deceased in the way you want to

Rob