Probate

Mottie · 27 Jan 2020

My wife knew a woman many years ago who was a god-fearing Salvation Army member, as were all her family. When her nan died, they went to the funeral (and I am not making this up) in a hired van. After the funeral there was a rush back to her house where everyone ran round with post-it notes, slapping them on items they wanted. The woman my wife knew came away with a fridge and a washing machine. The house was stripped bare. Someone even found her pension book and they went out, cashed that weeks pension and bought fish and chips all round!

sodthisforfun · 27 Jan 2020

wgt52 said:
Yes. Are you the only executor? If so change the locks - TODAY! If not, change the locks ASAP. You will be surprised who has keys or where such are hidden, I certainly was! As executor you are responsible but a good solicitor is worth their weight in gold in a difficult case.
once locks are changed only let others in the property in your presence, don't let anyone take anything without you recording it.
Don't rush Probate, it will take as long as it takes.
Photograph the contents.
Get a solicitor and take their advice on what to do. You need the Will, it must be the original. With the will things are easier, so follow the instructions, the solicitor is your friend here.
when you get a valuer in tell them it's for probate.

If you move anything out of the property for security record what it is, where it is and when it was moved; storage facilities are good value here.

Timeline, four to six months if your lucky, could be as much as twelve before Probate is issued. Ideally Do not distribute anything until probate is issued.

Thanks, sound advice, appreciated.

Yes, we changed the locks before we left - dad retired some 5hrs drive away from us kids in the South East, so changing the locks was a must anyway. We think there were quite a few key holders. There's very little of real value in the house, most value is in the house itself and his savings but that's not the point. Someone coming around and stealing that vase or whatever may be of real sentimental value to us kids... not taking the chance. There's a lifetime of memories to go through which would mean pretty much zero to anyone else out of the immediate family.

It looks that because of mum passing away just over 3 years ago and not more than 7 years means that as direct descendants we are also allowed to mum's inheritance tax allowance, meaning that we no longer go over the threshold. This should make matters a lot simplier when it comes to contents from what I can make out.

sodthisforfun · 27 Jan 2020

Mottie said:
My wife knew a woman many years ago who was a god-fearing Salvation Army member, as were all her family. When her nan died, they went to the funeral (and I am not making this up) in a hired van. After the funeral there was a rush back to her house where everyone ran round with post-it notes, slapping them on items they wanted. The woman my wife knew came away with a fridge and a washing machine. The house was stripped bare. Someone even found her pension book and they went out, cashed that weeks pension and bought fish and chips all round!

That's very sad, very sad. People are so greedy.

charliegolf · 27 Jan 2020

Sod, I have done 2 in recent years, neither of which (Dad and MiL) were much more complex than a house and contents, bank accounts, utility accounts etc. One had a will the other not. House value? Look at recent sales nearby, and adjust for the standards in your Dad's vs the ones for sale. Unless he had an estate, I would not be paying a valuer. Probate is not really interested in second hand sofas and fridges. Ignore them. The watch? If it's Phillipe Patik (sp) list it's value, otherwise, addit to a small total value for contents. Be sensible. Read all the OFFICIAL guidance online, fill in the forms, and away to go. It's worth setting up an executors' bank account, and when Dad's are all closed, you'll have a destination acc for them. Most big banks have a bereavement section, usually staffed with excelent people. DWP have a one call system for closing benefit accs. The registrar should alert you to that. Unless a complex estate, you DO NOT need a solicitor.

My condolences.

CG

JohnD · 27 Jan 2020

sodthisforfun said:
It looks that because of mum passing away just over 3 years ago and not more than 7 years means that as direct descendants we are also allowed to mum's inheritance tax allowance

widows and widowers estates can use the "unused" part of their partners' IHT allowance. If they leave stuff to each other, that does not use up any of the allowance. So many widows/widowers will have about twice the allowance.

If they have been married several times, perhaps more.

Inheritance Tax was introduced in 1976, so there is no IHT allowance from a husband or wife who died earlier. There are still a few widows and widowers remaining from that time who miss out.

"If you’re married or in a civil partnership and your estate is worth less than your threshold, any unused threshold can be added to your partner’s threshold when you die."

https://www.gov.uk/inheritance-tax

JohnD · 27 Jan 2020

charliegolf said:
Unless a complex estate, you DO NOT need a solicitor.

I agree.

If you have business experience, you can order a dozen death certificates and write to all the banks, utility companies and other account holders, open an Executor's bank account, pay the undertaker and bills. You would have to gather all the information and pass it to a solicitor anyway, and then pay them to write letters.

There may come a time when you get fed up and want to pass the remaining work over, but you will do it quicker and cheaper yourself.

charliegolf · 27 Jan 2020

JohnD said:
I agree.

If you have business experience, you can order a dozen death certificates

I forgot this. They are cheap when you register, more later. Get a bunch. You don't need business credentials.

Stivino · 27 Jan 2020

I had to go into each bank, building society etc with the appropriate documents to prove who I was and what entitlement I had.
Nobody would entertain me unless I went personally.

Seafarer1966 · 27 Jan 2020

I physically ejected two aunts (my mothers sister and half-sister) from my mothers house after she died when I found them squabbling over the contents of her wardrobe.

festive · 27 Jan 2020

So sorry to hear sod especially as you say unexpected no time to say goodbye

hope you get this all resolved without too much stress for you and your family.

gasbanni · 27 Jan 2020

Sorry for your loss sodthis.

I'm acting as an executor at present.

A few pointers ......

Probate can take a long time and although you can apply for it yourself to be covered you might be best using a solicitor to apply for it as you are liable if there's a problem.

Search the house you might find hidden cash and bank accounts no one knew of. Freeze all accounts. Change the locks. It's going to take months and months.

Keep lights on at the house so it gives the impression of being occupied.

Ask trusted neighbours to keep an eye on the house and call, you if there's a problem.

Don't use a house clearance company they could inadvertently throw something away that's important.

Get the mail redirected to your house.

Look everywhere ...There could be cash hidden under carpets ! You could be suprised what you find.

It's a daunting task and sad when you see someone's possessions ....and you just have to throw lots away. My wife told me it just doesn't seem right throwing out what a friend owned. It can be depressing....all the absolute best.

festive · 27 Jan 2020

Some good tips here from Gasbanni, a friend of mine recently lost his mum, she had a massive collection of VHS videos, it turns out she also used them to stash random cash.. he ended up with about £3000 from them and a few other places, as Gas mentioned don't use a house clearance, obvious stuff maybe but hey im sure you have a million thoughts in your head at the moment.

securespark · 27 Jan 2020

Dork Lard said:
I actually own the house she lived in....I'm still in a legal battle with my brother who thinks my house is rightfully is

Don't know how he has the gall to fight this when it's yours. After all, the money you paid for it with can be traced back to you, not your Dad.

Brigade77 · 31 Jan 2020

securespark said:
Don't know how he has the gall to fight this when it's yours. After all, the money you paid for it with can be traced back to you, not your Dad.

Almost everyone except my brother can comprehend that I actually own the house & always have from day 1.

He is the classic rogue, the black sheep of the family. Me dads will left pretty much everything to me mam, me mams will left everything carefully placed in it's rightfull future place. All of her grandkids (which she lived for) were pretty much very happy with her wishes.

Her wedding ring went to her first great grandaughter (who has just hit 16), the rest of her gold has been melted down & will likely fullfill the wedding rings of several generations to come. She liked her 'bling' did me mam

My brother is clinging to the clause in her will that gave him whatever was left

Today, the house is worth £120k'ish, if he only wastes a few £k on his futile attempt then he reckons it will be worth the risk . . . .

Brigade77 · 31 Jan 2020

I would add, if it's not too late, that I was schooled into asking for the "breavement dept" when contacting all the companies me mam had unresolved debts with. This worked very well 99% of the time, it was if you were instantly put throught to a higher level of intelligent call centre monkey. I shouldn't be so harsh, they had empathy & were very professional, until it came time to contact Talk Talk.

Probate

sodthisforfun

sodthisforfun

Brigade77

Brigade77

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