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Executor question

(9 Posts)
car80 Wed 08-Jun-11 21:15:46

How long would you wait before distributing funds. I believe all bills are paid and all credit balancs dealt with. Only potential debt is for council rent after date of death. How long would you give them to request this?

emsyj Wed 08-Jun-11 21:48:32

I am not sure if you are the executor or an expectant beneficiary, but suspect the latter? I would advise an executor to wait for six months from the date of issue of the Grant of Probate before distributing the estate as this is the time limit for claims under the Inheritance Act.

If this doesn't answer your question then do post again to clarify.

car80 Wed 08-Jun-11 21:56:40

I am both. I know some of the benef could really use the money but I do not want to risk paying out all the funds if the council do make a claim.
Sorry when I said them I meant council.
Thank you.

emsyj Wed 08-Jun-11 22:00:44

Do you have to pay rent post-death? I genuinely don't know thevanswer to that, I have never had to deal with it.

You could make an interim distribution if you want to. I have frequently done this. Depending on the value of the estate, the likely amount of any £ due to the council and the risk of a claim being brought, if you feel comfortable paying something to the beneficiaries now, leaving the rest to be distributed later once the council rent issue is resolved etc then you can do that. It doesn't have to be all or nothing.

car80 Wed 08-Jun-11 22:06:30

Thank you. I was thinking about doing this. When we gave notice we were told we would be charged for rent post death. I don't know whether they will charge or whether it is a ploy to get us to vacate quickly.

emsyj Wed 08-Jun-11 22:15:43

Oh how rubbish. I would have hoped the council would be a bit more sympathetic. I have never administered the estate of a council tenant, but there is some info on Direct Gov which suggests they will charge - www.direct.gov.uk/en/Governmentcitizensandrights/Death/BenefitsAndMoney/DG_10030994

How long have you been waiting for them to tell you what you need to pay?

car80 Wed 08-Jun-11 22:43:32

Gave keys back middle of April so still quite early days.

car80 Wed 08-Jun-11 22:43:47

Thank you.

emsyj Wed 08-Jun-11 23:12:05

Oh well for the council that isn't too long - but you could write again and point out that they are causing delay in winding up the estate. I would probably give them a polite reminder.

Hope you get everything finalised soon.

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