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Elderly parents

Calling fellow cockroach cafe … um graduates? Going through probate- advice and support thread

108 replies

thesandwich · 15/06/2023 07:25

Hello all, wondered if any of the cockroach clan now sadly dealing with the sadmin would welcome a thread for support dealing with probate/ house sales and all other joys?
id welcome any recommendations re executor accounts at banks etc?

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thesandwich · 22/11/2023 13:03

Thank you @Mum5net for the award! I do feel a sense of satisfaction- even more for unravelling dms trust fund complexities( and gross incompetence) resulting in a complaint- and compensation 😉.
Happy shredding. Enjoy your well deserved fizz.

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Mum5net · 22/11/2023 12:09

Toot, Toot! Well done, @thesandwich!
That's got to be the equivalent of getting a first in MA in Elderly Care & Related Unwise Decision Making from the University of Life!
I've got the answer to my issue. I had forgotten we had access to a legal help line as part of the Landlords' insurance.
Today is the first anniversary of DM's death. To celebrate, I have shredded papers from 2006-2013. She would be very pleased. Drinking fizz tonight for her.

thesandwich · 21/11/2023 16:54

Hello all. @MsJinks sorry you’re finding yourself in need of this group. Great advice from @Mum5net . Funeral expenses can all come from your dms account- I transferred all dms house Ines to one I set up in my name with a chunk from her account. Keep records.
some banks bereavement depts are v good- some are terrible.
I have just got probate through for dm- 17 weeks involving a query….. I did it myself with accounts/ property involved below iht limits. Feel v relieved.

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Mum5net · 20/11/2023 22:50

Sorry your DM is end of life @MsJinks
I would immediately transfer a sum of about £10k or more (if your DM has it) in an account in your name and call it 'After Mum' or something obvious. I would then use this as a cushion to pay for all the repairs, bills, insurances etc until probate happens, meanwhile keeping meticulous records and receipts. Then down the line, share this info with the solicitor doing the probate and take it from there... You are not stealing her money. You are the custodian she has chosen and you are doing your best in difficult circumstances.
I think all the gifts should not be an issue.

MsJinks · 20/11/2023 22:08

Hi - I’m currently caring for my mum who is on end of life though didn’t seem to get that memo so maybe I’m over anticipating 🤦🏻‍♀️
I have had POA for finance/admin for nearly 3 years since my Dad passed and am an only child and residuary legatee on my Mum’s will - this means all bar a lot of German Shepherd stuff for their friend, so includes the house/financial assets.
I didn’t do my Dad’s probate but did do a lot of the legwork plus the legwork of informing a million companies a million different ways about the POA - all a nightmare of faffing and time even the will despite all his separate assets going to his wife! - and nearly 3 years on still never persuaded NS&I to let us have an online a/c 🤦🏻‍♀️
Anyway I have a couple of queries - note I will use a solicitor for probate just to get it right and clear for all organisations I have to deal with going forwards - so my mum’s assets are below IHT level but she’s continued to give minor cash gifts in line with similar gifts for birthdays/xmas always given to me/grandkids/great grandkids by both parents forever, so all the last 7 years, also including a slightly larger wedding one - still would be below IHT level if they hadn’t - but should I get these listed for checking? Anything else from her bank a/cs before I lose access to statements? She has a few random DDs for her favoured charities and clubs but I don’t feel right cancelling in advance but I can do it between passing and informing bank is that right?
Also she has a house and I had assumed bank would just pay bills ongoing such as utilities as part of estate tying up I guess, but realise now it may be frozen and I can’t afford to pay all bills for 2 homes - do some banks still pay bills at all or can’t they? This includes funeral costs too - would that be able to come out of the estate? It wasn’t really an issue for my Dad in the end as it was a joint a/c and my Mum obviously could take it over but I was told by solicitors they may pay bill anyway from money in bank as part of his estate - is this possible?
She is also currently having as limited as possible roof work due to a leak but if it comes in too late does it have to go to estate?
Hope I don’t sound as crass to you all as I do to myself anticipating my Mum passing - that’s awful I know - just thinking to get things in order as much as possible - this thread has been helpful already.
Wishes to all who have need of this thread.

funnelfan · 20/11/2023 12:15

Hope you get an answer soon!

Mum5net · 20/11/2023 12:05

Thanks @funnelfan , I was trying to find out independently of going to letting agent DSis, as executor, has asked the lawyer in last email, but no reply after a week. I guess I'm just impatient as I really want to be clear what the procedure is for issuing notice to quit and follow accurately. I'm crossing everything that the tenant finds something suitable quickly and we don't need to give formal notice.

funnelfan · 20/11/2023 08:16

Was an agency involved at all in the rental agreement? They should be able to advise. Also, does the actual paperwork mention what happens in the event of the death of one of the parties? Who have they being paying rent to?

I am in England, so not much help on the specifics, but I was under the impression that any contract ceases to exist on the death of one of the people involved. In England, if your landlord dies then you’re on borrowed time. I know property law is very different north of the border though, so I’ve no idea who would have the legal standing to issue a notice to vacate. I guess that’s what you need to know.

Mum5net · 19/11/2023 16:51

Has anyone's parent been a landlord when they died? DM died 51 weeks ago, DM's house was being rented out to pay towards her care fees. Her tenants are still in the house. We are in Scotland and hope to get Confirmation soon, possibly before Xmas. We would like to sell the house. Has anyone else been in this position and what route did they take? Thanks

ŁadnaPogoda · 08/11/2023 19:21

A-Plan (now called something else?) were super helpful and sorted us out with a policy.

MereDintofPandiculation · 08/11/2023 10:03

I was moved on to a “landlord” policy, even though the house was empty. I continued my father’s separate contents policy. I needed to either drain the system or heat the house to 15degrees. Now it’s occupied, I have to inspect every 6 months. They’re not fussed that the “tenant” pays no rent and has no contract. https://www.penunderwriting.co.uk/items/landlords-property
Towergate landlord’s insurance

h0rsewithn0name · 07/11/2023 21:36

Really helpful recommendations, thank you. At least I have somewhere to start. Mum's house is local, so popping in isn't a problem at all.

EmotionalBlackmail · 07/11/2023 20:47

@h0rsewithn0name
Yes, this is normal for an empty house and you were lucky to be covered for 60 days as a lot of policies will only do 30 max! It also affects people doing things like house renovations and temporarily living elsewhere.

We found Towergate Insurance really helpful with this although you do have to have someone going to check the house at least weekly.

HotelNotPortofino · 07/11/2023 19:41

h0rsewithn0name · 07/11/2023 16:23

A question for all you knowledgeable people out there. My Mum sadly passed away recently and obviously her house is now empty. I reported this to her house insurance company, and they said they couldn't insure the house for more than 60 days and I would have to look elsewhere (purely coincidently, the policy expires in 60 days time).

Is this normal? I'm guessing I'm going to have to look for a specialist (expensive) company. Any recommendations?

When DF died his insurance was due for renewal. Took me a while but managed to find cover with Home Protect, for about the same price as his previous annual policy. However, it didn’t cover contents, or theft, despite my having to give a value for the contents!

I also had to visit regularly, but was anyway. Heating wasn’t an issue as the weather was mild, but would expect over winter any empty policy to require you to either keep (minimum) heating on or drain down the system entirely.

h0rsewithn0name · 07/11/2023 18:40

@FiveShelties thank you. I am sorry for your loss too, this is all so hard.

FiveShelties · 07/11/2023 16:44

@h0rsewithn0name my Mum died in May and I was told by Nationwide that I could retain the cover only until renewal. This was a huge relief as I live in NZ and trying to get cover for an empty house would have been difficult. Fortunately the policy had only been renewed in March so I would have been okay until March next year. The house sold last month.

I am sorry for your loss, it is a tough time dealing with everything.

h0rsewithn0name · 07/11/2023 16:23

A question for all you knowledgeable people out there. My Mum sadly passed away recently and obviously her house is now empty. I reported this to her house insurance company, and they said they couldn't insure the house for more than 60 days and I would have to look elsewhere (purely coincidently, the policy expires in 60 days time).

Is this normal? I'm guessing I'm going to have to look for a specialist (expensive) company. Any recommendations?

MereDintofPandiculation · 28/10/2023 09:40

@DyslexicPoster So sad, it was our childhood home, mine from birth. Understand. Still sad that I can’t go and wander round the garden I grew up in. I’ve followed the house on RightMove, helps to know it’s not the same house that I knew. Big extension at the back, and next door knocked down and replaced by a Monstrosity.

I’m praying I get carried off quickly before dementia, so my DC and GC will benefit. Will be extremely annoyed if it all gets frittered away on my care.

FiveShelties · 27/10/2023 23:12

@thesandwich thank you so much. I have learnt a very valuable lesson which is that only children should always have children. Unfortunately like most lessons in life I learnt it too late as I am 67!!

The one thing which has made life easier is that whenever I have spoken to any government department, utility etc I always ask for the bereavement department. I have always found staff in those departments to be really helpful.

thesandwich · 27/10/2023 21:42

@FiveShelties crikey, you’ve had a huge amount to sort out. Congratulations on getting everything sorted. And you will be able to leave behind dark cold wet England. Safe journeys

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FiveShelties · 27/10/2023 20:20

My Mum died in May and I had to get Probate which took 9 weeks, so very fortunate there. I sold the house which exchanged 2pm this Tuesday and completed 10am Wednesday. I have cleared the house which not the most pleasant task but strangely once if was completely empty it was just an empty house, albeit the one I was brought up in.

I am an only child and have no children and to say the last 6 months have been bloody tough would be a huge under statement. I actually live in NZ and just cannot wait to get home next month.

Huge sympathy to everyone in the same situation.

thesandwich · 27/10/2023 20:15

@ŁadnaPogoda that is so awful! Have you tried their complaints department? I’m sure there are lots of separate ones, but stating you are raising a complain5 dud seem to add a little bit of responsiveness…. Good luck with it.

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ŁadnaPogoda · 27/10/2023 19:23

@thesandwich my mother had a life assurance policy with Aviva. They want the grant of probate, a notarised copy of the will, a notarised copy of my passport, three months worth of my bank statements “which must show regular transactions”. They also require my mother’s brother to sign the form for the release of funds, despite the fact that he is not a beneficiary of the will. I can’t get through to them on the phone and they never return my calls. I will never, ever have anything to do with Aviva once this is sorted.

DyslexicPoster · 27/10/2023 16:24

We have finished probate but now the house is about to on the market. So sad, it was our childhood home, mine from birth.

Haven't touched a penny of the probate. We are by no means we'll off either. I just can't do it. I know logically mum wanted me to get her money as there was a will. However it just feels all wrong. She should have spent that money enhancing her quality of life.

Mum5net · 27/10/2023 16:20

Yes, we gave up quite quickly and there's a LLB degree in the family.
Am glad that your fees weren't too awful. Ours will also be well under IHT threshold but not keen to give solicitor 3% in fees.

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