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Dealing with deceased parents home

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MrsF34
MrsF34 Posts: 31 Forumite
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in House buying, renting & selling
Hello,

My mum passed away suddenly at the weekend. She had a mortgage on her flat and I’m the only relative so I’m 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’t find a will. So I have a few questions I’m looking for advice with if anyone can offer advice. I’m 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’m clueless for things like boiler and washing machine.

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

Thanks for any advice.
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  • MrsF34
    MrsF34 Posts: 31 Forumite
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    I mean only able relative. Her own father is elderly.
  • Keep_pedalling
    Keep_pedalling Posts: 16,671 Forumite
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    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
    Fen1 Posts: 1,577 Forumite
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    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
    pinklady21 Posts: 870 Forumite
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    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
    pinklady21 Posts: 870 Forumite
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    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
    davidmcn Posts: 23,596 Forumite
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    Fen1 wrote: »
    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
    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
    creditscoremeansnothing Posts: 40 Forumite
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    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
    MrsF34 Posts: 31 Forumite
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    Thank you for that. I had called the banks bereavement line yesterday to find out what the direct debits were. I’ll contact the Home insurance in the morning as I had assumed keeping it active was fine. I’m glad I asked that question now 🙂
  • MrsF34
    MrsF34 Posts: 31 Forumite
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    I never spotted that forum, I’ll go have a look now, thank you.
  • pinklady21
    pinklady21 Posts: 870 Forumite
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    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
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