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To want to make a start with the probate process

(20 Posts)
LivinLaVidaLoki Fri 29-Jul-16 08:40:57

My mum passed away three weeks ago, we had her funeral on wednesday. I had already notified everyone that I thought needed to know about my mums passing but now Im being pestered by her Council for Council Tax (apparently it only becomes exempt for 6 months once probate is granted), water supplier and her buildings/contents insurer. Tbh I cant afford to effectively pay the bills on two houses (mine and hers), so I would like to instruct a probate solicitor to deal with the estate.
Im dreading telling my brothers I want to do it as it just seems grabby, she has only just been buried, but realistically I cannot afford both properties.
Also I have one brother who has never left home, well, not through choice. He had an accident last year and has been left paralysed. He is living in a specialist care home but is convinced that he will walk again (massively unlikely though I obvs hope he will), and wants me to hold on to the house so that when he "gets his payout from work" and is walking again, he can buy us out.
I have 2 other brothers, one is an alcoholic without the mental capacity to actually help or decide and the other is supporting his wife through another tragedy in her family so I dont want to burden him with anything at the moment. Obvs I will have to discuss it with them but it feels wrong that I am already wanting to get on with it already.
I feel so conflicted.

Smurfnoff Fri 29-Jul-16 08:51:16

I'm sorry you're having to deal with all this on top of a bereavement. My Dad was in a remarkably similar situation when my Gran died. I'd advise you do what he did and start as soon as possible. Yes, there were mutterings from my aunt and uncle, and there will be from your brothers, but I'd put money on a deafening silence if you ask for help.

sarahbanshee Fri 29-Jul-16 08:59:15

Sounds like you will be taking all the responsibility. In which case you make the decision about how to make it as easy for you as possible and don't worry about it. Sorry for your loss.

echt Fri 29-Jul-16 08:59:37

Sorry for your loss, Loki

Did your mum leave a will?

Griphook Fri 29-Jul-16 09:02:39

Unless they can help to pay bills then you have to do the sensible thing.

QuiteLikely5 Fri 29-Jul-16 09:02:48

Other thing you can do is explain the situation and ask for an equal share from all of them to cover the bills otherwise advise them you will have to consider probate

VioletBam Fri 29-Jul-16 09:05:10

Who is executor? I'm so sorry you've got this on top of the loss of your Mum.

flowers

davos Fri 29-Jul-16 09:05:57

I would point out that if you don't start it they all have to pay an equal amount to the bills.

Yanbu

jollygoose Fri 29-Jul-16 09:08:51

keep a note of everything you have to pay out then you can claim I back from the state. If the estate is fairly simple I would suggest you do it yourself, I have done this recently and it is quite easy, just a matter of downloading forms from ugov and would save the family a lot of money.
Sorry for your loss.

jollygoose Fri 29-Jul-16 09:09:29

Claim from the estate not the state!

echt Fri 29-Jul-16 09:15:42

^^jollygoose

Step away from the solicitors.

Online is good and UK probate have lovely people who will advise you.

PatrickMcGinty Fri 29-Jul-16 09:37:17

Another ^^ for jollygoose. I've been in the unfortunate position of having to deal with this twice recently, one with and one without a will. The bank released the bank account on production of the death certificate and transferred the money to another account quite quickly. I opened a separate current account for it, then paid bills from this. It's your Mums estate who owes the money, not you. There is lots of online help and the people at the Probate Office can be good too, if you want to apply for probate. It's painstaking, but not difficult and I found that it helped with the grieving process. I felt I didn't want to hand over control to a stranger, so didn't consider a solicitor.

So sorry for your loss.

scaryteacher Fri 29-Jul-16 09:45:55

No CTAX is payable from date of death until probate is granted if your Mum was the only one in the property. There is no time limit on this. There is a further six month exemption post probate.

I am so sorry for your loss.

Westcountrygemini Fri 29-Jul-16 09:51:00

Sorry for your loss.

Agree, probate, if there is a proper will, is quite easy to do. After my mother died, having spoken to a couple of solicitors who wanted to charge £££'s, I agreed with my brother that I'd do it myself. It came through within weeks.

Also agree re the estate, the providers, understanding the debt is with your mothers estate, should not pester you for outstanding sums when you tell them probate has been applied for.

Meanwhile, if there are costs to be covered that you really have to pay, keep them listed in a spreadsheet with receipts and clear descriptions and claim them back from estate post probate and liquidation.

It's a tough time, you have my sympathies.

Longlost10 Fri 29-Jul-16 09:54:16

are you the executor?

Kwirrell Fri 29-Jul-16 10:04:38

We have used probate solicitors and they were very good. There is still things you have to do though like completing forms and answering questions?

I phoned all my mums utility companies, Gas, water, electricity, council. I was put through to each of their probate departments, who immediately froze all the bills. Also the property goes into NiL community charge once furniture is cleared. Did your mum have any House insurance. You need to tell them the house is empty. We changed to Buildings only cover as my mums furniture was worth nothing.

Please keep every piece of paper you can. I was really alarmed after probate was granted to get a letter from DWP telling me there was a discrepancy. I felt really sick. It turned out just to be the difference the house was worth when she died, compared to 9 months later when probate was granted.

If you would like details of the probate solicitors we used please PM me. They were very kind and I felt worth the money.

I am so sorry for your loss.

tinyterrors Fri 29-Jul-16 10:10:26

I'm sorry for your loss Loki, I've been there and it sucks.

When my mum died my dad and I had to start sorting the 'estate' the next day, I say 'estate' because my mum had no property or significant savings/life insurance so it was more about sorting the funeral and bills that needed switching to just my dad's name.

If there's a will and you're named as executor or there's no will and you're next of kin then you can start probate whenever you want.

It's not a nice thing to have to do but in your place I'd advise your brothers that you're going to start the process, either by yourself with advice from UK probate or instruct solicitors (but this can be expensive).

scaryteacher Fri 29-Jul-16 10:15:15

Kwirell The pre probate CTAX exemption is granted irrespective of the property being unfurnished or not, as long as the deceased was the sole occupant.

LivinLaVidaLoki Fri 29-Jul-16 15:33:40

Thanks all for your advice. I know its probably relatively easy to do it myself but I really dont have much spare time and a number of complicated family issues mean its probably better in the long run to get a third party to handle it.

Kwirrell Fri 29-Jul-16 15:59:06

I agree, you can protect yourself from all sorts of allegations that way. My mums house was left 'in trust'. There was no way I was going to get involved in that.. If any one asked me any questions I just said 'the solicitors are dealing with it'

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