No Will?

L

Lorrie

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113
Hi
I have read several very helpful posts on Wills, inheritance, probate etc but would still appreciate some advice.
My poor mother died recently of cancer and my dad had been caring for her the past three years - he retired and was in receipt of carers allowance.
The three grown up kids all live away and dad lived in family home with mum. The house is paid for. Right until she died she was convinced she would recover. She has made no Will as far as I know (have rang family sol) and told me she had approx 38K in an account from her early retirement - with only her name on it.
My only worry is paying bills and for dad to access some of this money. I do not want it to be lost completely.
If we seek probate from a solicitor - does the 2% fee include the value of the house - even though the house is totally his. And not being sold now or in the future. Or a 2% of her money in account? I just want to make sure he is financially cared for and funeral bills etc are covered.
Any advice welcome.
 
Firstly Lorrie, so sorry for your loss.

If probate needs to be taken out the solicitor will have to declare all your mothers assets and it will be taken on the overall value then.

You should check with the institute your mum had the account with - in certain cases the production of a death certificate would suffice for them to deal with transfer of monies. I have an idea there is a certain amount at which they will deal with it this way and if the monies on deposit exceed that amount they will require probate. You should look into it yourself first.

Someone else here may be able to help you more. Maybe the above is just something to look at for now.
 
% fees are becoming very rare. Ask how much to take out grant and vest property in either dads names or all the beneficiaries - if its intestacy Dad takes 2/3 and rest take 1/3 but that can be given back. Unless property was in their joint names in which case its his by rights.

You could do a Grant yourself - no fees payable other than Probate Office.

Family could probably cover all expenses until Grant issues. Money in a sole account is not accessible normally until Grant issues. A lot of banks will run an executors account against the inaccessible account.

mf
 
Aimee, MF1
Thank you very much for replies. I will speak to my dad and explain and we can decide what to do. My two brothers and I don't want anything just peace of mind that he will be okay.
Thanks again.
 
Also Lorrie just thought, if the title to your parents house is registered in the Land Registry and its in joint names, there is a standard form which you can get from the Land Registry which will allow your dad to take your mums name off the title deeds, you exhibit the death certificate on same and lodge it in the Land Registry. This would just tidy up matters for him. If its a Registry of Deeds title I am sure there is also a standard format, you should find out about the title and see what can be done, as these are simple matters which you might well be able to take care of yourself.
 
Hi Lorrie,

I was in a similar situation a year ago when my dad died without making a will. I would suggest you do a Grant yourself if the estate only involves the family home and some bank accounts. Make sure you get your brothers to help you, its not complicated just a matter of getting all the required bank statements,valuations, bills etc. share the workload.

Theres no big pressure in doing the Grant yourself, we waited 6 months before we even started. But if you need to get access to the bank accounts then it maybe advisable to start sooner.

We also talked to a tax consultant about giving our share back to our mother.
 
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