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    • MrsF34
    • By MrsF34 9th Jan 18, 4:35 PM
    • 23Posts
    • 5Thanks
    MrsF34
    Dealing with deceased parents home
    • #1
    • 9th Jan 18, 4:35 PM
    Dealing with deceased parents home 9th Jan 18 at 4:35 PM
    Hello,

    My mum passed away suddenly at the weekend. She had a mortgage on her flat and I知 the only relative so I知 feeling overwhelmed. Once I have a death certificate I plan to get a solicitor because neither I or my elderly grandfather have any clue on what to do. My mums paperwork was not in any decent order and I couldn稚 find a will. So I have a few questions I知 looking for advice with if anyone can offer advice. I知 in Scotland if that makes a difference.

    Would my mum have had to take a will out when she bought her flat in 2003? If so would I contact the agency who sold the flat?

    My mum managed to hide/play down repairs needed in the property. This includes a broken boiler and broken built in washing machine. Is it better to have these replaced/repaired or will the flat sell with them? I am planning on cleaning and painting the flat because she had been a heavy smoker but I知 clueless for things like boiler and washing machine.

    Sorry if this seems heartless etc but I知 throwing myself in it to keep my mind off things. I知 having to wait up to a month for the funeral and I feel I need to be kept busy.

    Thanks for any advice.
Page 1
    • MrsF34
    • By MrsF34 9th Jan 18, 4:36 PM
    • 23 Posts
    • 5 Thanks
    MrsF34
    • #2
    • 9th Jan 18, 4:36 PM
    • #2
    • 9th Jan 18, 4:36 PM
    I mean only able relative. Her own father is elderly.
    • Keep pedalling
    • By Keep pedalling 9th Jan 18, 5:04 PM
    • 5,079 Posts
    • 5,663 Thanks
    Keep pedalling
    • #3
    • 9th Jan 18, 5:04 PM
    • #3
    • 9th Jan 18, 5:04 PM
    Don't rush into getting a solicitor, winding up someones estate is not particular difficult unless the estate is complicated, and solicitors will charge an arm and a leg for their services.

    First thing you need to do is contact her banks and the mortgage company to inform them of the death. You are allowed plenty of time to sort out the estate so don't panic and come over to the Deaths, funerals and probate forum for advice.

    http://forums.moneysavingexpert.com/forumdisplay.php?f=217
    • Fen1
    • By Fen1 9th Jan 18, 5:05 PM
    • 1,407 Posts
    • 5,539 Thanks
    Fen1
    • #4
    • 9th Jan 18, 5:05 PM
    • #4
    • 9th Jan 18, 5:05 PM
    I am sorry for your loss.

    The following link tells you how to find a will in Scotland. Wills pre-2000 are held in a different place from Wills post-2000. All of this is clearly detailed in the link:
    https://www.nrscotland.gov.uk/research/guides/wills-and-testaments

    Please ensure that the flat is safe: water, electricity, gas. You don't want water leaking from your Mum's flat going into the neighbours properties.

    Personally, I wouldn't touch the flat e.g. re-painting, until all of the paperwork is sorted. Once you know who inherits the flat ( you ?, your grandfather?, another relative?) the inheritors can proceed to clear and clean the flat for sale. If your mother died intestate, then her estate will be divided according to Scottish law. That could take some time. You really don't want to act prematurely or hastily.

    Being busy right now feels like the best coping mechanism. I truly understand this. However, making sure the legalities of the situation are correct will save you even more heartache in the future.

    Please be gentle with yourself and loved ones at this time.
    • pinklady21
    • By pinklady21 9th Jan 18, 5:10 PM
    • 599 Posts
    • 421 Thanks
    pinklady21
    • #5
    • 9th Jan 18, 5:10 PM
    • #5
    • 9th Jan 18, 5:10 PM
    Sorry for your loss. Nobody has to make a will - there may be one, there may not be one, in which case your mother has died "intestate".
    Is there a family solicitor that she may have used? They may have a copy of any will or the will may be with other papers in the house somewhere.
    If there is no will, then there are legal rules about how any estate is divided. Suggest you arrange an appointment with a local solicitor to find out more about how you go about dealing with your late mother's affairs.

    There is more info online here: http://www.gov.scot/Publications/2016/11/6948

    If you become the "executor" of her estate, then you will be responsible for helping to "gather in" the estate. Effectively, making sure any debts are paid, and distributing any remaining assets to the beneficiaries of the estate. A solicitor can advise you further on your particular circumstances.

    in the meantime, I would spend my time tidying up the property and making a list of what needs to be done. You can gather estimates for the costs of repairs etc. You don't have to make any decisions immediately. I doubt you will be able to sell the house straight away anyway. Again your solicitor can advise.
    I hope everything works out as well as these things can, it is a very stressful time for all. Best of luck.
    • pinklady21
    • By pinklady21 9th Jan 18, 5:13 PM
    • 599 Posts
    • 421 Thanks
    pinklady21
    • #6
    • 9th Jan 18, 5:13 PM
    • #6
    • 9th Jan 18, 5:13 PM
    I meant to say that if the boiler is broken, then you may want to either drain the entire system to avoid a burst pipe in the winter months, or have it repaired, or find another means of keeping the flat warm avoid to avoid any damage.
    Retain any receipts for essential repairs, as these may be able to claimed against the value of the estate later on. Best wishes.
    • davidmcn
    • By davidmcn 9th Jan 18, 5:16 PM
    • 7,808 Posts
    • 7,978 Thanks
    davidmcn
    • #7
    • 9th Jan 18, 5:16 PM
    • #7
    • 9th Jan 18, 5:16 PM
    The following link tells you how to find a will in Scotland. Wills pre-2000 are held in a different place from Wills post-2000. All of this is clearly detailed in the link:
    https://www.nrscotland.gov.uk/research/guides/wills-and-testaments
    Originally posted by Fen1
    No, none of that helps you find a Will for someone who has just died - it's only where to find the register of Wills which have already been administered. There is no central or public place to find them in Scotland.
    • creditscoremeansnothing
    • By creditscoremeansnothing 9th Jan 18, 5:27 PM
    • 37 Posts
    • 24 Thanks
    creditscoremeansnothing
    • #8
    • 9th Jan 18, 5:27 PM
    • #8
    • 9th Jan 18, 5:27 PM
    So sorry for your loss.

    A little bit of advice from me who has just completed a quite complicated estate as i was the executor of the will. One of the first things to do (as well as others mentioned here) is to insure the assets (property) as it is no longer valid with your mum passing, crazy i know thats normally the last thing on your mind but if anything happened to the flat it would not be insured.

    Don't rush in appointing a solicitor, take some time and when you are feeling up to it do some research as its not that bad to deal with a smaller estate and solicitors fees are a fortune. I had minimum input from a solicitor and did most myself and just had them for advice and checking things and the bill was 」7000.00. If its a small estate then its quite easy to do it all yourself and most companies have a bereavement department to help you with different accounts.

    Don't feel pressured or rushed, do it in your own time and take some time to grieve.

    Take care.
    • MrsF34
    • By MrsF34 9th Jan 18, 6:01 PM
    • 23 Posts
    • 5 Thanks
    MrsF34
    • #9
    • 9th Jan 18, 6:01 PM
    • #9
    • 9th Jan 18, 6:01 PM
    Thank you for that. I had called the banks bereavement line yesterday to find out what the direct debits were. I値l contact the Home insurance in the morning as I had assumed keeping it active was fine. I知 glad I asked that question now !!!128578;
    • MrsF34
    • By MrsF34 9th Jan 18, 6:02 PM
    • 23 Posts
    • 5 Thanks
    MrsF34
    I never spotted that forum, I値l go have a look now, thank you.
    • pinklady21
    • By pinklady21 9th Jan 18, 6:14 PM
    • 599 Posts
    • 421 Thanks
    pinklady21
    Also - was your mother in receipt of any State benefits? If so, call the DWP to advise them that she has died. All benefits will of course stop.

    https://www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once
    The UK government has a "tell us once" service - I confess I do not know how this applies in Scotland, I assume it does, but you would have to call them to check.

    You may also be eligible for a funeral payment to help pay the costs of the funeral.
    https://www.gov.uk/funeral-payments

    Best Wishes
    • Nebulous2
    • By Nebulous2 9th Jan 18, 6:26 PM
    • 1,880 Posts
    • 1,127 Thanks
    Nebulous2
    I'm sorry to hear about your loss.

    The Scottish Government produces a general guide called "What to do after a death in Scotland" which you may find helpful.

    Available here.
    • TBagpuss
    • By TBagpuss 9th Jan 18, 7:17 PM
    • 6,566 Posts
    • 8,530 Thanks
    TBagpuss
    I'm very sorry for your loss.
    When you insure her house, check what the conditions are - they may require you to drain down the heating system and to confirm that someone will be checking on the house regularly.

    Longer term, if your mum didn't leave a will, I *think* (but check with a solicitor or CAB) that you will be entitled to 50% of the estate, and the other half would go to your mum's dad and/or any siblings your mum)

    If you are the one selling the house, speak to an estate agent about what to repair or remove. My guess would be that it will probably make sense to simply remove the washing machine .

    With the boiler, replacing/repairing would likely make the property easier to sell, but it may not be practical if there is not enough money in the estate to cover the cost.
    • davidmcn
    • By davidmcn 9th Jan 18, 7:23 PM
    • 7,808 Posts
    • 7,978 Thanks
    davidmcn
    Longer term, if your mum didn't leave a will, I *think* (but check with a solicitor or CAB) that you will be entitled to 50% of the estate, and the other half would go to your mum's dad and/or any siblings your mum)
    Originally posted by TBagpuss
    No, all to the children (assuming she didn't have a surviving spouse or civil partner).
    • googler
    • By googler 9th Jan 18, 7:43 PM
    • 14,784 Posts
    • 9,706 Thanks
    googler
    Your starter for 10

    "What to do after a death in Scotland"

    http://www.gov.scot/Publications/2016/11/6948/0

    I'll come back with more later.
    • googler
    • By googler 9th Jan 18, 7:44 PM
    • 14,784 Posts
    • 9,706 Thanks
    googler
    Don't rush into getting a solicitor, winding up someones estate is not particular difficult unless the estate is complicated, and solicitors will charge an arm and a leg for their services.
    Originally posted by Keep pedalling
    I concur. Back with more on getting yourself appointed as executor-dative later
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