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theartfullodger wrote: »Clearly all would feel sympathy for her loss in 2016.
She is absolutely not a new poster - see...But two years?
Your understanding of grief is rather poor. How long should someone grieve for in your opinion?0 -
Grief is one thing.
Getting on with the legalities and practicalities of dealing with the estate is another.
If grief (however understandable) is actively getting in the way of the administration of the estate, then it's perhaps best if somebody else does the administration.
Especially when there's a tenant involved in the middle of it all...0 -
Grief is one thing.
Getting on with the legalities and practicalities of dealing with the estate is another.
If grief (however understandable) is actively getting in the way of the administration of the estate, then it's perhaps best if somebody else does the administration.
Especially when there's a tenant involved in the middle of it all...
That's all very well and good, but your comment was that we shouldn't be sensitive because it was now two years (or thereabouts) since the OP's father had died. So, I ask again, how long, in your opinion, should someone be allowed to grieve for?0 -
You may wish to check poster names.
You may also wish to re-read what I wrote.0 -
can't be done till Probate is granted
2) once probate is granted,
All that means is that the OP, with LOA, is now in the same position as an Executor would be (had there been a will). He can administer the Estate, but still cannot either sell the property, nor transfer it into the Beneficiaries' names, till he has applied for, and obtained, Probate.https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
If the person did not leave a will
You can apply to be an administrator of the estate if the person did not leave a will. The process is the same as applying for probate.
You'll receive letters of administration to prove you have the legal right to deal with the estate.
The OP has received the LOA.
Unless I missed something, Probate has not been granted yet. LOA have only recently been granted.0 -
Maybe I'm being thick, misunderstanding,or just ignorant but.....
Assuming IHT was due, that would need to be sorted before Probate would be granted. The Probate Office would require confirmation (I forget the Form Number) from HMRC.Sure. But if the house is taken as being left to the OP and brother, then the estate can be wrapped up quickly.
Probate still has to be granted before the property can be transferred or sold.
If the administrator is selling the house, then it'll be two months notice from the next rent day before vacant possession.
That is true whether
a) the administrator of the Estate serves the S21, or
b) the administrator transfers the property into the Beneficiaries' names (OP & sibling) and they serve the S21.
Whichever way, a S21 with 2 month wait (+ court delays etc) is required.
Then it can be readied for sale. Let's say another three months for a buyer to appear and the sale to reach completion. So we're into 2019 before the estate's wrapped up. And that's assuming the s21 is valid, the tenants play ball, and a buyer turns up quickly and the sale progresses smoothly.
correct.
But I fail to see how the property can be sold faster, and the assets distributed, by transferring the property into the Beneficiaries' names (with the associated extra costs, and bureaucracy).
We all know that's on a par with the protagonists in fairy tales living happily ever after...
?????
Here in the real world, it could easily be 2020 before everything's wrapped up. The father died in 2016. If the s21 is invalid, then it could be years before the tenants consider moving on.
Yes, but I still don't see how the property can be sold faster! What am I missing?
OP - we assume you got the IHT return done within the six months? But that's for another part of the site...
Until then, the property could not be transferred to the Beneficiaries.
However, the Administrator could speed things up by
a) serving a S21 immediately, thus getting the eviction process under way and
b) starting to market the property (subject to the caveat to buyers that it is a Probate Sale)
so that the OP as Administrator can sell as soon as he gets both vacant possession and Probate.
Why add another step and transfer the property ownership?0 -
https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-willAll that means is that the OP, with LOA, is now in the same position as an Executor would be (had there been a will). He can administer the Estate, but still cannot either sell the property, nor transfer it into the Beneficia
ries' names, till he has applied for, and obtained, Probate.
Applying for the legal right to deal with someone's property, money and possessions (their estate) when they die is called applying for probate.
If the person left a will, you'll get a grant of probate;.
If the person did not leave a will, you'll get letters of administration;.
https://www.co-oplegalservices.co.uk/media-centre/articles-sep-dec-2015/grant-of-probate-vs-letters-of-administration-explained/
Letters of Administration are similar to a Grant of Probate, but are issued instead to the next of kin of an individual who dies without a Will.
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You may wish to check poster names.
You may also wish to re-read what I wrote.
I apologise. I assumed as you were making a direct response to what I had written that it was you who I had questioned about their views on grief.
What you wrote, however, is unconnected to my challenge to the other poster, so I don't really see a justification in quoting me.0 -
All that means is that the OP, with LOA, is now in the same position as an Executor would be (had there been a will). He can administer the Estate, but still cannot either sell the property, nor transfer it into the Beneficiaries' names, till he has applied for, and obtained, Probate.
Unless I missed something, Probate has not been granted yet. LOA have only recently been granted.
You missed something. A Grant of Probate is made when some dies with a will, Letters of Administration are issued when someone dies without a will.0 -
I think I'll go crawl under a rock and start sobbing....
I mistakenly thought the LOA authorised the person to manage the Estate up to (and beyond) Probate.
Mea culpa!
But I still don't see the point of transferring the property to the Beneficiaries, rather than just evicting the tenants, selling, and then distributing the cash......
Gonna log off now and stop muddying the waters!0
This discussion has been closed.
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