Legalities of emptying and selling DM's house.

[Justmuddlingalong]

DM just been placed in a nursing home, social services involved. We have no relationship to speak of, but as one of her kids I've been chivvied into and just been granted financial guardianship. I'm still awaiting the paperwork coming through, in order to deal with outstanding bills and the sale of her property.
She'll be self funding her care so all proceeds will be taken into account.
What happens with her stuff, not clothes and things, but furniture, jewellery, antiques and things? Do I have to sell anything of value to add to the pot for her care costs?
What about her will? What happens if I willy nilly donate stuff to the charity shop and Ethel from the women's guild has been promised her wedding china?
If anyone's got experience of dealing with clearing a still living DParent's house, I'd really appreciate any advice.

We cleared DMs house and sold anything of value to put in her pot.
However could you ask her solicitor whether there's mention of any specific bequests in her will as you're having to clear her house and would wish to set aside any future gifts? At least then you be covered if its queried later.

Honestly I’d relinquish the guardianship. When you say you have no relationship has there been a falling out?

I am a court of protection deputy for my mum so I talked through the plan with the court of protection team appointed to me.

I have put in storage the nice furniture/ bits family wanted, sold other stuff that would sell, and gave the rest to charity.

Would be worth trying to find the will if you can, and talking to family- my nieces and nephews surprised me with the things they said they wanted.

I also got a local auctioneer to come to the house and give me an idea of value of the various bits

You've left quite a few details out. Who has chivvied you into doing this? Social services? Is it because she no longer has capacity? You mention you're "one of her kids" - does she have others? Does she have a relationship with them? Are you aware of the existence of a will? would your mother be able to tell you if there was one?

You have to manage affairs in her best interests, and giving away valuable items isn't in her best interests.

Good idea to get a copy of will and associated letter of wishes from the solicitor. Expect to have to demonstrate your right to this (guardianship papers) and prove your identity. You may also find she has a copy of the will in the house.

Yip. No one else will take on the guardianship. Social services are doing the welfare. My siblings have no relationship with her either. Nor her own.
She has been deemed as no longer having capacity. She had a will years ago, with a local solicitor, don't know if it's been updated or moved since.

If you're in England or Wales you'll be a deputy. As deputy you're entitled to see a copy of your mum's Will unless she specified otherwise. It's good practice for you to check it for exactly the reason you mention.

Sorry, I forgot to say we're in Scotland.

With genuine respect, what is in this for you? You will inherit nothing or very little from a woman you had no meaningful relationship with. If another party wants her dosh to pay the care fees, fair enough, but let them crack on with the work involved. Why is it your problem?

There's absolutely nothing in it for me. Nothing.
Just the very small remnants of the guilt of going NC.
I was the last to withdraw from any kind of relationship with her, so if no one else picks up the baton, what happens?
Social services don't have the staff to deal with the finances, there was one localish solicitor who dealt with handling financial guardianship on behalf of clients, but he's packing it in.
I've been sucked in because everyone else has backed out.

Depending on how much cash and income she has then you won't need to deal with anything to do with the house and possessions. They can just be kept/maintained until she dies.

Then you will inherit and so it is in your best interest to maximise the money

Her property will definitely need to be sold. She has some savings which will be used first, while her house is on the market.
Her "estate" won't fund her care for more than a few years.
That and her savings have been estimated and the value totalled up.

Then outsource as much as you can. You should be able to recover expenses, so I’d check with whoever administers guardianship, work out what to do to comply with your duties, and engage someone to do it for you.

Or just say no.

It’s a lot of work so don’t be guilted into it by people who won’t take responsibility

OP, I understand why you’re doing what you’re doing for your mum as I’m in a similar situation with my stepfather. My mum died suddenly last year whilst SF was in hospital. He ended up going into a care home as he no longer had capacity, plus has severe Parkinson’s.
I had a strained relationship with my mum, and more so with SF but in later years we came to a point where we could be civil to each other. He is estranged from his family - has been since before I knew him. But in reality, I really couldn’t leave him to rot until he died. I have become his Deputy and am currently selling his house. It’s a bit of a hassle, but not insurmountable. Leaving him to the care of the state just feels a step too far - I’m not doing it for any reason other than it’s a humane thing to do.

I can guarantee I'd be an afterthought regarding any inheritance.
I was always the "expected to get on with it and expect nothing" child.
Ironically, I'm still that child in my 50s.

given your circumstances I think it’s reasonable to do this is a way that minimises the time and effort you have to put in.

I would get quotes from house clearance companies . They will charge you, and then most will deduct what they can make from anything saleable from the fee. This will be less than you would make selling things yourself.

If there are a lot of antiques then getting a couple of local auctioneers or dealers round to quote for you might be a worthwhile. A dealer may buy stuff from you directly - I found a lovely chap you had a stall down the local market.

The solicitor or estate agent can probably recommend someone. You might also find a buyer who is willing to sort the clearance themselves in return for taking a bit off the asking price

You will make more from selling things yourself but that’s a lot of time and effort that IMO you are not obliged to put in as Guardian. I could be wrong though - and you could always check with the OPG.

Children legally inherit in Scotland

Thank you all for the advice. I've been a bit sleepless, thinking about how this will all work, recently.
Your comments have put my mind at rest a bit.
I'm sure there'll be other stuff I'll need to ask about in the near future.
What a helpful bunch you are and topic this is. 💐

Only the children will inherit and so you dont need to worry about other gifts
If you have siblings then ask then what they want.

The golden child will want everything, apart from any responsibility. 😆
I can laugh, because I secretly admire his lack of guilt. I can't blame him really.

Until the OP has discovered whether there is a will, and what is in it, you can't say that. She might have decided to leave the whole lot to the dogs' home or a random friend or neighbour.

@Justmuddlingalong - you need to engage a solicitor to look into this for you. They will be able to find out whether there is a will, and can also advise about how and when her possessions can be disposed of. Their fees can come out of your mother's finances, it would be a legitimate expense. You could start by asking at the firm you think may have drawn up the old will.

I'll ask the solicitor who drew up her will years ago, tomorrow. If they still have it, I presume I can ask to see it once I have the guardianship paperwork?

She is in Scotalnd
Inheritance rules are much simpler. Children inherit.

So what's the point of anyone in Scotland making a will then? The OP thinks there is one.