How do i do this?

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Hi,i am looking for the best and cheapest way to handle this.
My father died recently and there is a will where his estate is left to my mother.
Sadly,mum has dementia and is in a care home permanently now.
What action do i take re Estate.
Thank you in advance for any help.
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Comments

  • Yorkshireman99
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    Hi,i am looking for the best and cheapest way to handle this.
    My father died recently and there is a will where his estate is left to my mother.
    Sadly,mum has dementia and is in a care home permanently now.
    What action do i take re Estate.
    Thank you in advance for any help.
    Who is the executor?
  • diplodocus22
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    I am the only child.I am trying to deal with the issues.
    The will states[made in 1995] that my dads' money is to be left to my Mum.Obviously,my Mum cannot action this so i will be doing what is necessary.
    Thanks for any help.
  • Yorkshireman99
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    If your mum is the executor but cannot act you can apply to the Probate Office for letters of administration with the will annexed. Quite easy for you to do yourself. Read the stickies at the beginning of this thread and then ask if you need any help.
  • Keep_pedalling
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    You say money, but is there a house involved here or any investments? If not and it is simply cash held in bank accounts you may get away with not having to go through probate.

    Do you have power of attorney for your mum?

    If you mum is currently local authority funded you should be aware that if this inheritance takes her assets over £23,250 then she will move into self funding territory, and you will need to notify the LA of her change in financial circumstance.
  • Margot123
    Margot123 Posts: 1,116 Forumite
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    Hi,i am looking for the best and cheapest way to handle this.
    My father died recently and there is a will where his estate is left to my mother.
    Sadly,mum has dementia and is in a care home permanently now.
    What action do i take re Estate.
    Thank you in advance for any help.

    Condolences for your loss.

    Questions that need to be addressed:
    - who is the NAMED executor on the will?
    - do you have POA for your Mum?
    - is your Mum under the Court of Protection?
    - does your Mum receive Continuing Health Care funding?

    All these affect how the estate can be administered.
  • diplodocus22
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    Hi,no i do not have Power of Attorney for Mum.No property.etc.Just money in Bank.Dad had his own account and there is a joint account.
    The money in total is around fourteen thousand and it will not affect the funding for her care.
    Thank you.
  • Keep_pedalling
    Keep_pedalling Posts: 16,622 Forumite
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    edited 11 February 2018 at 6:46PM
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    Hi,no i do not have Power of Attorney for Mum.No property.etc.Just money in Bank.Dad had his own account and there is a joint account.
    The money in total is around fourteen thousand and it will not affect the funding for her care.
    Thank you.

    You are unlikely to need probate to sort this out. His own account should be simple. Make an appointment at your nearest branch. You will need to take in a copy of the death certificate, the Will and proof of your ID. The main problem I see is you not being executor or having POA for you mum.

    The joint account is even simpler as that now becomes her account. Again you will need to make an appointment with the bank. If both accounts are with the same bank then they should be able to transfer everything into what was the joint account.

    Any savings over £14,250 will make a small difference to any contribution she currently makes (£1 per week for. Each £500 or part of over that lower limit)
  • diplodocus22
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    Thank you.Unfortunately Dads is with Barclays and the joint is with Santander.Makes it a bit more complicated.
  • Keep_pedalling
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    Thank you.Unfortunately Dads is with Barclays and the joint is with Santander.Makes it a bit more complicated.

    Barclays will have no issue with issuing that level of savings without probate, as their upper limit is £30,000. Hopefully they will be able to pay out out in the form of a cheque made out to your mother and you can then pay that into her Santander account.
  • Yorkshireman99
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    Barclays will have no issue with issuing that level of savings without probate, as their upper limit is £30,000. Hopefully they will be able to pay out out in the form of a cheque made out to your mother and you can then pay that into her Santander account.
    If the OP does not have POA then he cannot operate his mums bank account. AFAIK his only option is to apply to the COP to be appointed a deputy or do you have another idea?
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