Solicitor is Power of Attorney

[MaureenMLove]

What can and can’t my partner do? (Typed the long text 3 times abs struggling with posting, so just testing on a shorter post! Bear with!)

Ok, that worked.

so partners dad died just yesterday and as per instructions he has contacted the solicitor who has power of attorney. The lady he spoke to, was a bit flakey and couldn’t really tell him what he could or couldn’t do, prior to the death cert being done. Basically said, as soon as he has it, he should bring it in along with the keys to the house and he was not to go back in.

due to the nature of his dads death (he had been been gone about 3 days before he was found) and what we needed to do as urgent yesterday, we have not been back.

he’s sitting here now wondering if he can go back to the house this weekend, even if it’s to clear out the fridge or air the house.?

also what about all dads personal effects like his ring and watch. Partner is understandably a bit confused about the fact solicitors will go into dads house, without him.

so many questions, which I’m sure will be answered soon, but it’s the weekend now, no death cert until Tuesday at least and my partner could do with getting rid of a few questions in his head at the moment.

anyone got any advice? Thanks.

Once a person has passed away power of attorney is void. Do you mean the solicitor is an executor??

I was just coming on to say the same. The solicitor doesn't have power of attorney anymore. The document is invalid now.

Who is the executor of the will?

Also sorry for your loss

First of all I am sorry for your loss - particularly in such difficult circumstances.

My understanding is that Power of Attorney is no longer relevant when a person has died, as the PoA falls away upon death. What is relevant is who is the executor of their will, assuming the deceased had a will. This may well also be the same solicitor, or at least they may have a copy of the will which will tell you who is the executor.

Hopefully someone else will be along shortly who can provide the practical advice that you need.

Oh god, sorry I do of course mean executor!

reading now and thank you

It’s just the not knowing for up to a week. He wants to be doing something.

His sister in trying to get back from abroad this weekend, so apart from the support I can offer, he’s on his own with this. 😥

In theory, once a person has died only the executor(s) of the will can dispose of any property - and they can only do that once probate has been granted. This is to stop family members and friends goung into the dead person’s home and removing items which form part of the estate and may have been bequeathed to others. Sadly this happens a lot - particularly with jewellery and other personal effects which may be valuable - and it causes enormous problems.

If your FIL named a solicitor as executor of the estate rather than your partner or his sister, I assume this is either because it is a complicated estate that needs a solicitor to administer it or because or he did not want them to be executors for some reason. Solicitors are likely to stick to the letter of the law in these things.

It must be difficult for your partner. But he should accept the advice the solicitor has given him. The house will be OK.

Thank you🙂. He’s concerned about the fruit bowl and the half eaten bit of cake tonight. Without going into details, the house had a fair few flies in it and it’s very smelly.😥. He wants to tidy up a bit.

do you know if they will respect that he’s rather be with them when they go in? How will solicitors know what wants to be kept by the family? Also, he needs his birth certificate to register his death, as somewhere he’s read he needs to know his place of birth and he doesn’t know. The solicitors won’t see them until he has a death certificate, so is he ok to go-in there this weekend, for example?

sorry, loads of questions, but he wants to move things out of his mind, iykwim.

thanks

I don't think he needs a place of birth to register the death. I didn't when I registered my dads.
Re the house I'm not sure about that I was an executor so I could access the house and paperwork as needed.
Hopefully someone will be able to help you more.

Thank you. 🙂

Say he did go in and clean up and air the place out, then his sister said he had stolen something valuable?
As an only child I would definitely go in, but having seen so many families fall out over things like this I can see why he should not.

How will solicitors know what wants to be kept by the family?

The solicitor will act according to what is in your FIL’s will. It might say that the contents of the house are to be sold and the proceeds added to the estate. It might say that eg the grandfather clock is to go to A and the jewellery to B and the rest of the contents should be sold and the proceeds added to the estate. The solicitor will need to read the will which they will not start on this until they have proof that your FIL has died. What the surviving family want is not really relevant in these circumstances.

Usually solicitors will remove paperwork - outstanding bills, share certificates, bank statements etc - and work through them. Small items of obvious value will also be removed and placed in a secure place. Any items which are without monetary value eg photographs will usually eventually be given to family members to dispose of as they think fit. But this will not happen immediately.

This is always a difficult time for family. Sometimes they focus on things like the contents of the fridge/fruit bowl etc as a way to deflect the sorrow they are feeling. But short of a water or gas leak, there is nothing that needs to be done immediately.

I would go in personally.

I would go and clean up. I would not, however, remove anything. If his dad didn’t make provision to give family his belongings it might be something that your partner and his sister might negotiate on. The executor doesn’t have to agree and might sell everything. It depends what the will says and if there can be flexibility to buy items from the estate.

When my DM died (in hospital where she'd been for 3 months) we just carried on entering the house as normal. The executors of the will were a firm acting on behalf of a High Street Bank (whom my DF had worked for). No one ever told us we couldn't go into the house although obviously we didn't remove anything prior to meeting at the house to provide access to the executor - who gave it a cursory glance to check it wasn't full of antiques!
No one is going to get upset about him going in to dispose of perishable food - although do be careful if there are other family members likely to make accusations of other things being removed.