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Dad Recently Passed Away with No Will

edited 3 June 2016 at 10:41PM in Deaths, Funerals & Probate
102 replies 17.8K views
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  • Yorkshireman99Yorkshireman99 Forumite
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    chrisb1357 wrote: »
    Even more confused tonight. Still not idea what to do and not a single family member wanting to help or anything
    Make an appointment to see the solicitor and take all the paperwork with you. It may cost a few hundred pounds but if you don't get things sorted you will end paying a lot more. Take your mum with you.
  • chrisb1357chrisb1357 Forumite
    836 posts
    Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
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    Do I just take what I have already. Some creditors have not yet confirmed the amounts etc and penions not confirmed.


    Had 2 letters today from creditors asking for £12K each







    Make an appointment to see the solicitor and take all the paperwork with you. It may cost a few hundred pounds but if you don't get things sorted you will end paying a lot more. Take your mum with you.
  • chrisb1357chrisb1357 Forumite
    836 posts
    Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
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    Found another local solicitor that offers a full Administration of the Estate and Probate Services. They offer this below


    We also do the ‘full service’, and completely administer the estate from start to finish, which includes where applicable:
    • - obtaining clearance from HMRC,
    • - applying for the Grant of Probate or Letters of Administration,
    • - encashing the assets and settling liabilities,
    • - filing tax returns
    • - creating estate accounts
    • - distributing the assets
    • - beginning administering trusts where applicable, including those hidden ones that aren’t always obvious from a Will.

    Some people really like this service, because it gives them peace of mind that everything has been done properly, and if anyone questions what has been done in several years time they will have proper documentation to answer any queries. It also means that you only have to sign a few forms, and we do all the hard work and chasing around.
    This is priced depending on several factors such as the size of the estate.



    Make an appointment to see the solicitor and take all the paperwork with you. It may cost a few hundred pounds but if you don't get things sorted you will end paying a lot more. Take your mum with you.
  • mum2onemum2one Forumite
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    chrisb1357 wrote: »
    I have called the local Solicitor today who was no help at all. She basically said after i had explained everything what do you want help with as i can help with anything. So not sure what to do next.

    She also stated that Mum needs to be the Administrator and not me

    As for Administrator of the estate - it doesn't really matter, yes your mum of kin, but some people when they do wills use a friend / extended family member as the executor - then becomes the administrator of the will.

    Re the death service money that is coming to mum... are you thinking that as it would go to mum then it doesn't need to service dads debts?
    xx rip dad... we had our ups and downs but we’re always be family xx
  • chrisb1357chrisb1357 Forumite
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    Hi

    I thought that as the death in service is paid to mums name only that it does not need to service dads debts. Is this not the case

    Chris


    mum2one wrote: »
    As for Administrator of the estate - it doesn't really matter, yes your mum of kin, but some people when they do wills use a friend / extended family member as the executor - then becomes the administrator of the will.

    Re the death service money that is coming to mum... are you thinking that as it would go to mum then it doesn't need to service dads debts?
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • mum2onemum2one Forumite
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    chrisb1357 wrote: »
    Hi

    I thought that as the death in service is paid to mums name only that it does not need to service dads debts. Is this not the case

    Chris

    Sent u a pm x

    To be honest that seems to be the millon dollar question, in theory I would guess its your mums, but I can't be sure x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • Yorkshireman99Yorkshireman99 Forumite
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    Yes. You need to have full picture to take to the solicitor.
  • getmore4lessgetmore4less Forumite
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    The issue for solicitors is unless they can see enough money in the estate to pay their bill they have to make it clear to you/mum before they start that you will be paying the bill if the money runs out.
  • chrisb1357chrisb1357 Forumite
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    Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
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    Mum received the full death in service payment to her account on Fri. Dads work said it's paid to mum not the estate
  • MojisolaMojisola Forumite
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    chrisb1357 wrote: »
    She also stated that Mum needs to be the Administrator and not me

    There are rules about who can be the Administrator but no-one is forced to do the job. Your mother can say that she will not/can not do the job and pass the responsibility on to you.

    https://www.citizensadvice.org.uk/relationships/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/#h-probate-and-letters-of-administration
    If there is no valid will, and you are the next-of-kin, you can apply to be an administrator in the following order of priority:
    1. you are the married partner or civil partner of the person who has died
    2. you are the child of the person who has died

    and so on down the list.
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