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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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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 · 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 12:15

Hope you get an answer soon!

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.

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.

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 · 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 · 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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