Relative found deceased by repossessors
helpkitty
Posts: 54 Forumite
Not sure where to start on this one so here goes and any advice greatly appreciated!
A relative was discovered deceased by high court enforcement people who were there to repossess their house.
No one was aware of any such order (apart from the deceased more than likely) they have then contacted the police and a funeral place has taken him to the hospital.
The bailiffs have then changed the locks on the property.
We have no idea if a will exists and they had no spouse or adult children.
The police contacted and said the keys were with the estate agent who when we spoke to them said we had to speak to the bailiffs to gain access.
the bailiffs have stated that we need to apply for a grant of probate and only with this will be able to retrieve personal items and paperwork from the house.
Is this correct? it is possible that this is an insolvent estate and as we do not know if there is a will or not therefore there hasnt been an executor appointed so how can anyone apply for anything when we dont know anything?
also who would even be executor? a parent or a sibling?
A relative was discovered deceased by high court enforcement people who were there to repossess their house.
No one was aware of any such order (apart from the deceased more than likely) they have then contacted the police and a funeral place has taken him to the hospital.
The bailiffs have then changed the locks on the property.
We have no idea if a will exists and they had no spouse or adult children.
The police contacted and said the keys were with the estate agent who when we spoke to them said we had to speak to the bailiffs to gain access.
the bailiffs have stated that we need to apply for a grant of probate and only with this will be able to retrieve personal items and paperwork from the house.
Is this correct? it is possible that this is an insolvent estate and as we do not know if there is a will or not therefore there hasnt been an executor appointed so how can anyone apply for anything when we dont know anything?
also who would even be executor? a parent or a sibling?
0
Comments
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The bailiffs are playing the fool about the documents that might include a will. I would be very cautious if the estate seems to be insolvent. If a will exists then the executors can apply but does not have to. A close relative can apply for letters of administration but given the circumstances. You should not get involved with the funeral. The local authority are required to pay in these circumstances. Bottom line is leave all well alone!Not sure where to start on this one so here goes and any advice greatly appreciated!
A relative was discovered deceased by high court enforcement people who were there to repossess their house.
No one was aware of any such order (apart from the deceased more than likely) they have then contacted the police and a funeral place has taken him to the hospital.
The bailiffs have then changed the locks on the property.
We have no idea if a will exists and they had no spouse or adult children.
The police contacted and said the keys were with the estate agent who when we spoke to them said we had to speak to the bailiffs to gain access.
the bailiffs have stated that we need to apply for a grant of probate and only with this will be able to retrieve personal items and paperwork from the house.
Is this correct? it is possible that this is an insolvent estate and as we do not know if there is a will or not therefore there hasnt been an executor appointed so how can anyone apply for anything when we dont know anything?
also who would even be executor? a parent or a sibling?0 -
When you say no adult children do you really mean no children?
Be very careful either leave well alone or take great care as the bigger picture unfolds.
I suspect a secured creditor is going to come out of the woodwork if there was a repossession in progress.
Be very careful as they and others may try to get you to take on administration before you even know if the estate is even solvent.
(they may even hint the/lie that a relevant near relative has to do it)
Do you have any of the time line?
it will soon become apparent to those that want the house that they need to see sense and locking people out till there is a grant won't get them anywhere.
The standard we are not involved response to any enquiries to any relative is please write the the deceased's last know address "attention of the administrator"0 -
Under no circumstances should you get involved in any of this.
By all means pay your respects at the funeral, but nothing else.
Do not be drawn into any conversations with anybody about the deceased's money, family, anything.
This may seem 'over the top' but you can end up being involved in something that you really wouldn't want to be.
The authorities will sort out the burial etc. and keep people informed. Don't worry about that.0 -
Thanks for the replies
There is a 10 year old child so too young to be the next of kin.
as far as we know its the two week notice in the window stage
The parent is planning on arranging the funeral (and paying for it)0 -
The child would be the intestate beneficiary and typically their remaining legal parent/guardian would pick up their interests in the absence of a named executor.
It comes down to the solvency of the estate if anyone should get involved at all.
Is anything known about the finances?0 -
so any money would go in trust via the remaining parent?
thats the thing, we really have no idea at all, all we know for definite is the house was repossessed and a couple of weeks pay due.
there has been talk of there being a pension from a previous employer where they worked for a good few years but also talk of it being something to do with shares but this is all hearsay.
there may be a named executor but without access to the property we dont know if there is a will or not (or any other financial info)0 -
the bailiffs have stated that we need to apply for a grant of probate and only with this will be able to retrieve personal items and paperwork from the house.
Is this correct?
Correct or not, I see this as long winded and I'm sure there's someone who instructed the baliffs who will want possession of the property sooner rather than later. I would suggest finding and contacting this person / company and see if you can arrange accompanied access to look for a will, etc.0 -
I am confused In your opening post you say "We have no idea if a will exists and they had no spouse or adult children."
but in post #5
"The parent is planning on arranging the funeral (and paying for it)" - is this the deceased mother/father ?Never pay on an estimated bill0 -
nom_de_plume wrote: »Correct or not, I see this as long winded and I'm sure there's someone who instructed the baliffs who will want possession of the property sooner rather than later. I would suggest finding and contacting this person / company and see if you can arrange accompanied access to look for a will, etc.
Looking at this from the bailiffs angle, why would they allow a third party to have access and rummage through paperwork?
They would be taking a massive risk that evidence of funds would vanish (not saying this would happen in the OP's case).
Better to ask them to let you know if they come across it. They will be looking through everything themselves anyway.0 -
yes sorry Robin9, it is the deceased's parent that is paying.
Yes Margot123 I see what you mean, but if they hadnt died they would have been allowed to retrieve their belongings and surely any paperwork of anything else wouldnt have had to be disclosed?0
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