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Probate, debts, eviction and no clue how to resolve it all.

29 replies

PropaneNightmares · 27/05/2024 19:46

After a long stay in hospital, Susan has died. She had two adult children; Julian and Bethany. The estate is split 50/50 between the two, but Bethany is the only executor. She does not live locally as they moved away for her husband's job, but everyone involved is in England.
Julian was living with his mother in her bungalow. He was abusing her emotionally and financially. Social Services were aware and had deemed her at risk (safeguarding). Bethany did everything she could to help her mother, but Susan was scared of Julian and wouldn't tell him to leave.
The bungalow is worth about 200,000 but there is no cash.
There are no other assets.
There are significant debts in Susan's name, but the sale of the property will be sufficient to cover these and leave the siblings a small lump sum each.
However, Julian will not willingly vacate the property.
Bethany has no access to any information regarding utilities, bank accounts etcetera. It is all at the bungalow with Julian. She has no money to pay a solicitor. Her savings went on the (small) funeral, which Julian did not attend.
She has approached a solicitor who has sent her a probate form and asked for an upfront payment.
How does Bethany begin to sort this all out?

OP posts:
Karensalright · 29/05/2024 09:09

@Beanie71 Why are you posting on a thread about wills and probate, which has nothing to do with your issue?

You need to set up your own thread on legals.

WhatIsThatThumpingInTheGarden · 29/05/2024 09:09

@Beanie71 you need to start your own thread not join this one

Oneblindmouse · 01/06/2024 08:45

When my father died his bank repaid me as executor the funeral costs before probate, on production of the death certificate and funeral director's bill. If Bethany can request that then she could use the money towards other costs until the estate is wound up.

PropaneNightmares · 05/06/2024 13:53

Thank you all for your help!
Bethany has decided to use the solicitor, the forms are all filled out, and bank statements are on the way.
She spoke to her brother at the weekend to tell him that the bungalow needs to be valued for probate, and was meant with a litany of his finest Anglo-Saxon.
I'm sure we'll be back again soon for more advice........

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