Probate - basic help needed please

[Runoutofideas]

Hi,
We very sadly, and suddenly, lost my step-dad this week. We are trying to help my mum to get her head around the finances and things which need to be done. Do we need a solicitor for probate, or can we do it ourselves?

Everything goes to my mum in his will, with the instruction that everything is split 5 ways when she dies (me and my 2 siblings plus stepdads two children). Everything looks fairly straight forward as far as the cash and bank accounts are concerned, but he had a share in a commercial property which is not in my mum's name. Please can someone give me an idiot's guide to what we need to do next? My head is fairly frazzled after spending 2 days in hospital with him and trying to support my step-siblings and mum.... Thanks

[cathan]

Sorry to hear about your step-dad. Regarding his estate, I think that, given the complications you describe, I would consult a solicitor for some initial advice. An hour or two of professional help would be well worth the cost. Then, if you felt confident, you could certainly try to do most of the probate work yourselves. This is only possible, of course, if you or your mother have been named as his executor. Only in that case would you be able to manage probate by yourselves. If a solicitor is named in the will, they will be the ones empowered to do the work. Hope this helps.

[watchingout]

I'm sorry for your loss. No an expert by any means, but I did adminster my FIL's estate about 15 years ago.

Firstly - there is no rush for probate! When you register the death (within 5 days) get a few copies of the death certificate as various authorities need to see an original (not a copy).

It is fairly simple to do-it-yourself, especially if everything goes to your DM (What happens to your DSD's estate after your DM dies, is solely down to her will) Best check if a solicitor is named as an executor - unfortunately they get to charge a proportion of the total estate if they act, which seems unfair, but thats how it goes. Otherwise, whoever is named as an executor just gets to collate DSD's data and get writing to banks/tax man/pension/DVLA etc

The gov website is very comprehensive. There are quite a few of the government authorities that come under the Tell Us Once scheme

HTH

[Runoutofideas]

Thanks both. We have registered the death and got the certificate. My mum and step brother are named as executors - no solicitor. We need to get moving on it fairly fast as my mum will need access to the money in due course. Thanks for your help.

[NoPhoto]

Sorry to hear this. Myself and my sister organised everything for probate and administering the will. I did pm Mumblechum at one point as I wasn't sure of something and she was fantastic in supporting a decision we had made.

The probate appointment was straight forward. Even though we were both named as executors in the will, probate only needed my sister to step forward as the named person which was great; her and her DH then handled it all beautifully.

Spreadsheets are the way forward for everything.

[NoPhoto]

And YY to getting as many copies of the death certificate as possible. Good tip there from watchingout. I registered the death and got 10 copies, using nine of them.

[Sahmof3]

I'm not so sure that watchingout is correct when she says that what happens to your DSD's estate after your DM dies is solely down to her will. Your DSD may have set up a life interest trust and I think you need to check the wording of the will to find out if this is the case.

It may be worth contacting your local Citizens Advice Bureau for some free initial advice. The CAB also have a leaflet about what to do after a death (the practicalities) and I'm sure they could help with questions about probate. Also, some solicitors firms offer a free initial appointment. Your local library should have books about wills and probate.

[Runoutofideas]

Thanks. It doesn't really matter whether my mum's will is up to her or not. I know she will ensure that step-siblings are fairly treated along with their dad's wishes. she is close to them both and they were all there when he died, after spending a hideous time in hospital together. She is not going to financially mistreat them in any way.

[Sahmof3]

I'm sure that your mother would treat everyone fairly, but if your DSD did set up a life interest trust, it would affect the way that your mother could use any money he left. I have to say that I have no legal expertise, but I believe that if a life interest has been set up, your mother would have full access to any interest earned, but not to the capital itself , which would be preserved for the children (although there could be exceptions to this). For that reason, it may be worth getting a bit of free advice about the wording of the will. I do wish you all the best.

[Runoutofideas]

Thanks Sahm - I have seen the will and saw nothing about any money being held in trust. They went into their marriage 10 years ago with roughly the same value in property, cash etc, so it seemed logical to pool everything and leave it jointly to the 5 children. They wanted the remaining partner to have access to everything in the meantime though in case they ever needed nursing home costs etc and to live their life to the full. I've told my mum not to worry about us and spend how she sees fit. They were due to take a two month trip to Thailand in the new year so they both believed in living in the present!

[Sahmof3]

It is so sad that they didn't get to make that trip together. Your mum is lucky to have you to help sort through the practicalities of all of this, but it must be an enormously stressful time for you all. I've acted as an executrix and the whole probate and administration process took forever. I'm sure the solicitors dragged it out and made it far more complicated and costly than it needed to be. I think you are doing the right thing to try and do as much of this as you can yourselves. I'm sure a lot of it is just procedural. You'll save a lot of money this way, but more importantly, you'll probably save yourselves a lot of stress.

[Runoutofideas]

Thanks Sahm. It is sad that they can't make the Thailand trip, but they have travelled the world extensively together over the past 10 years. My mum has seen amazing places and met people that she never would have met without him so really we have an awful lot to be grateful for. I just need to get her to the point where she can remember the good bits without feeling so desperately sad....