Father predeceased mother - is there now an intestacy/probate issue?

[dereko1969]

The executor will have to use their best endeavours “to the best of their information, knowledge and belief” to establish the assets during the relevant time period, get a valuation on the property for the relevant time period, get on to banks to account details and amounts (even historical ones) etc.

@ClubMan - if you’re not the executor, what has you so concerned about the intricacies of the administration of the estate?

He's just trying to help his family out, as was pointed out earlier in the thread.
Just wondering about the house and mortgage protection that presumably was in place when your father died, did that not trigger a formal transfer of the house into your mother's sole name?

 

[Johnno75]

I'm a beneficiary.
And one of the executors was asking me about some of this too.
I'm also just curious.
Is that ok with you?

My question was genuine - I was wondering what your concern is eg are you afraid of tax ramifications from a tax perspective, or not getting the full benefit of your inheritance. I should have been more specific. I was trying to get a feel for the root of your issue so as to maybe give the benefit of my advice - I’ve been through all this you see.

You’ll note that my advice so far has been specific and hopefully, helpful. So I’m not sure the question at the end of your post above was warranted.

 

[Johnno75]

He's just trying to help his family out, as was pointed out earlier in the thread.
Just wondering about the house and mortgage protection that presumably was in place when your father died, did that not trigger a formal transfer of the house into your mother's sole name?

That is reasonable and fair enough. Though it really is now between the solicitor and the executor to sort.

In order for the property to vest in the mother’s estate, it needs to legally transfer from the father’s estate to hers. Probate of the father’s will is necessary, in my view.

 

[Clamball]

Surely now 20 years later the only schedule of assets is the house. If I were the executor this is the only and main asset that needs to be transferred to your mother’s estate. Trying to figure out what bank accounts there were and whether they were in joint names or not is like trying to go back 20 years to find money under the mattress. Your mother dealt with all of them at the time and she took possession of them.

Just concentrate on the house. I doubt if any of the beneficiaries or revenue are going to question that decision. And if the solicitor asks just say the house is the sole asset. If your Dad had a lot of assets at the time then there would have been probate for a large and complex estate.

As to your mother’s will and the query around Alzheimer's - how is that progressing? Even if the GP just states that she was diagnosed on x date and the first record of symptoms he has is on y date then if the will pre-dated those events will revenue be satisfied? The fact that the will left the estate to all children surely is so normal and typical that all they want is something on record to progress with the probate?

 

[Johnno75]

Surely now 20 years later the only schedule of assets is the house

Whilst this might be true, the Revenue return requires the assets as “at date of death” to be scheduled and a value inserted.

Seeking out mortgage or account details from banks and financial institutions 20 years later might be inconvenient but not an insurmountable task. Banks keep records on microfiche going back years.

A gross valuation as at date of death of the property is an easy task fulfilled by an Auctioneer or Valuer.