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Legal matters

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Managing property (rented out) following death

7 replies

Orphanannie68 · 19/11/2024 16:36

My dad owned a house. It was rented out to generate income to pay residential care fees.

He died last week.

I don't have a death certificate (waiting on GP to complete the paperwork ) yet so I haven't notified anyone formally including his solicitor. I plan to do last year's tax return before his accounts are frozen.

There is a property management company who administer the property day to day. They liaise with me. Dad had dementia and I had enduring power of attorney.

At some point I will need to tell the letting agent that he's died. Currently I believe I can continue to manage the property until I have a death certificate and I inform his solicitor.

The solicitor is the named executor.

Today (obvs with snow on the ground) the boiler has failed. I have authorized the agent to send in a contractor.
I assume if a new boiler is required, the estate will pay for it? Will it be for the solicitor to sort this out with the letting agent? Does the estate need to pay a solicitor however many hundred pounds an hour to release the funds to pay for repairs?

Anyone any advice on this situation?

Many thanks

OP posts:
prh47bridge · 19/11/2024 19:23

Any maintenance required is the responsibility of the executor and will be paid for from the estate. However, as the executor is a solicitor, they will charge for their time.

BaronessBomburst · 19/11/2024 19:32

I'm sorry for your loss.

The letting agent should arrange the new boiler, the purchase, fitting etc and send the bill to the executor/ solicitor.
If the letting agent doesn't yet know that your father has passed, presumably they will run the costs and choice of boiler by you first for approval.
It may be possible to repair the boiler though, in which case the agent will just deduct the costs from the rent payment before he pays makes the monthly transfer to your father's estate.

MissMoneyFairy · 19/11/2024 19:44

Sorry for your loss but you do need to tell the solicitor, they are executors of the estate now. Did you arrange the Tell Us Once service, the bank should freeze his account. If you want to get the boiler fixed you should discuss this with the executor who would provably be happy for you to do this after you've got quotes. Is someone living at the house. Has anyone informed the Registrar that he has died, they need to know too so they can arrange for you or the executor to register his death.

MissMoneyFairy · 19/11/2024 19:50

Has there been a cause of death certificate issued, that's different to a death certificate. There is a legal requirement in the UK, I'd get back to the GP.

BilboBlaggin · 19/11/2024 20:02

MissMoneyFairy · 19/11/2024 19:50

Has there been a cause of death certificate issued, that's different to a death certificate. There is a legal requirement in the UK, I'd get back to the GP.

The GP will issue the MCCD (Medical Certificate of Cause of Death) and OP says she's still waiting for the GP to complete the paperwork. This can sometimes take a while, especially if the GP has to go and see the deceased in the funeral home (former funeral arranger here).

No registration can be done until the MCCD has been issued.

OP, I'm sorry for your loss.

Orphanannie68 · 19/11/2024 20:17

Thank you all. And thank you @BilboBlaggin for explaining the situation.

I can call the solicitor tomorrow, but it will only be a heads up that there is something coming their way. Without a registered death,I assume they can't act.

I've authorized a contractor to look at the boiler but this will be the third repair in as many months. It's ancient. If they can get quotes to me quicker than I can register the death, then I presume I can transfer the money to the letting agent before the solicitor has any instruction to act in his behalf.

The house is occupied - and it's snowed so I'm keen to get this resolved asap, as is the tenant!

OP posts:
Nextdoor55 · 19/11/2024 20:24

Sorry for your loss OP.
Whilst the solicitor is legal executive can you ask if you can manage the rental? If this is something that you want to do that is?
Just to say that the tenants will need to know the arrangements too.

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