Everything getting on top of me.

[garlok]

Re: Everything getting on top of me.

Thanks Clever Clogs, I was beginning to question the logic of this. Nothing belongs to the beneficiaries at all until the estate is settled therefore there is no change in your circumstances Ames until such times as the estate is actually all settled.

You mentioned the welfare rights officer, have you spoken yet, Niddy I believe gave you a contact? On the LPA issues your father is totally wrong I'm afraid. The old "Enduring Power of Attorney" has long disappeared due in the main to families abusing its powers. The new Lasting Power of Attorney is now in fact two. One is for financial affairs and the other is for health and welfare. The forms are extremely lengthy and complex. If they are not filled out to the court's satisfaction then it will NOT be granted. My brother has just had to deal with the latest stuff for his current partner's family and he admitted to struggling to get it right and even he had it all vetted by a currently practising professional befoire submitting it to the court.

regards
Garlok

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Another point - why should you lose any benefit between being granted letters of administration and the sale of the house? As executor (pedantically, executrix) of the estate, you would have control of various monies, but they do not become your money until the house is sold and the estate is settled.

[Ames]

Re: Everything getting on top of me.

Thanks I see what you mean about legal aid in years to come, I'm probably looking too far ahead. Although if all goes to plan it could be in less than two years that I'd qualify for legal aid, in areas that it's allowed for.

[Ames]

Re: Everything getting on top of me.

Yes I did. Which caused another argument with sister at the weekend. She thought I was telling her she couldn't use the car and had to stop (and went crying to dad that I'd said that). What I was actually saying was that the value was part of the estate, so had to be counted as such - and so I'll be entitled to half the value (something she's been dead against).

This is where the problems come in, I've been doing everything by the book and they think that because it's just me and her that we can cut corners.

[CleverClogs (RIP)]

Re: Everything getting on top of me.

I've just looked up Levi on the Law Soc site to get the number to ring them, and noticed that they don't do legal aid.

Now, I know that legal aid isn't available for probate stuff, so that's not a problem. And I know I wont qualify once I get my inheritance. But looking ahead, is it available for LPA stuff (I'm thinking years in the future here)? If it is, then it makes sense to find a firm that does legal aid so that I can stay with them long term.

Who knows what may or may not be funded by legal aid some years hence?

If one extrapolates from the recent antics of the present kakistocracy, one might suppose that centrally funded legal aid would cease completely.

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Did you include the value of your late mother's motor car in the valuation of the estate?

[Ames]

Re: Everything getting on top of me.

Utter nonsense - if a lawyer takes as long as 50 hours on such a simple estate, he'd be utterly incompetent.


What an interesting hobby he has.

Is he also a D-I-Y "brane sirjun"?

lol no. He just has a hatred of solicitors. It cost him thousands in his divorce (not to mention he got screwed in it and lost tens of thousands in settlement - bearing in mind it was granted due to mum's abuse towards him and she got the savings, the house, and a nice monthly amount). Then when he was made redundant and couldn't afford to pay mum's mortgage any more, she took him to court and it cost him a few thousand more. Since in his mind probate and LPA don't require a solicitor, it's just a waste of money. (Remember also that we're Yorkshire folk!).

Heres the plan Ames:-

1. Get house the valued by several estate agents - so you have a figure to go back to your sister with plus..... We've already done that, sister thinks it'll be worth tens of thousands more if they do the work. And if they don't do the work, it'll be tens of thousands less than the bottom price.

2. Get a quote from the solicitors and a guestimate of time involved. then you can dispell your fathers qualms about it costing tens of thousands plus.... Will do, although since the cost will come out of my half of the inheritance it's got nothing to do with him or sister whether or not I get one.

3. Ask solicitors how long it will take for probate as I think it could take 2-3 months or longer, in which case your sister could be right hanging on till the spring? Even if that's the case, I'd lose my benefits. It should be sorted by mid November, so I'd lose out on benefits between then and when the house sells - even if it sells the day it goes on the market in April and only takes a few weeks to complete (highly unlikely), I'll have lost out on pushing 4k. And there's the problem of how I'd manage for those months with a seriously reduced income.

Once you are armed with ALL the information you can then speak to your sister with all the information and then hopefully she will agree. You now have the information about the CGT as well which should help you and your sister to have a bit more out of this sad situation of losing your mum.

I personally do not think it is a great idea for your dad to get involved as he seems to side with your sister and maybe that would not benefit you in the lomg run.

You have to also look after your own health and sometimes an independant person such as a solicitor will take the strain off of you.

Thanks for the last three paragraphs. I agree about dad not getting involved, and looking out for my health. Getting sister to agree to anything that she doesn't get a lot out of though is just a pipe dream!


I've just looked up Levi on the Law Soc site to get the number to ring them, and noticed that they don't do legal aid.

Now, I know that legal aid isn't available for probate stuff, so that's not a problem. And I know I wont qualify once I get my inheritance. But looking ahead, is it available for LPA stuff (I'm thinking years in the future here)? If it is, then it makes sense to find a firm that does legal aid so that I can stay with them long term.

[Tuttsi]

Re: Everything getting on top of me.

Heres the plan Ames:-

1. Get house the valued by several estate agents - so you have a figure to go back to your sister with plus.....

2. Get a quote from the solicitors and a guestimate of time involved. then you can dispell your fathers qualms about it costing tens of thousands plus....

3. Ask solicitors how long it will take for probate as I think it could take 2-3 months or longer, in which case your sister could be right hanging on till the spring?

Once you are armed with ALL the information you can then speak to your sister with all the information and then hopefully she will agree. You now have the information about the CGT as well which should help you and your sister to have a bit more out of this sad situation of losing your mum.

I personally do not think it is a great idea for your dad to get involved as he seems to side with your sister and maybe that would not benefit you in the lomg run.

You have to also look after your own health and sometimes an independant person such as a solicitor will take the strain off of you.

[CleverClogs (RIP)]

Re: Everything getting on top of me.

I've just spoken to dad though who says it'll cost tens of thousands in solicitors fees for them to do the probate (at £200 an hour plus admin costs).

Utter nonsense - if a lawyer takes as long as 50 hours on such a simple estate, he'd be utterly incompetent.

He also said I don't need a solicitor for LPA as he'll do it.

What an interesting hobby he has.

Is he also a D-I-Y "brane sirjun"?

[Never-In-Doubt]

Re: Everything getting on top of me.

Good plan - here you go.

---> Welfare rights unit

[Ames]

Re: Everything getting on top of me.

Cool thanks.

Although I think for the DWP a welfare rights officer is better than a solicitor as it's their bread and butter.

The important thing for now is getting the probate done properly so that's the main specialist I need.

I just wish I'd ignored everyone and done that from the start. In hindsight giving a manic depressive control over it wasn't the best move...

Susi, she is a real cloud cuckoo person.

And it's not just me - she's having problems at work and couldn't understand why her flatmate - who she signed a lease with a few weeks ago - got upset when she said she'd just move back north if she couldn't sort it out, and is looking for jobs here.

I can't work out whether she's a narcissist or just incredibly naive.

[pompeyfaith]

Re: Everything getting on top of me.

The Law Society will also tell you the area of law a certain solicitor deals with you can also check out there registration

[Never-In-Doubt]

Re: Everything getting on top of me.

Levi & co I'm not sure tbh. Just google "DWP appeal solicitor" kind of question. Or "benefits solicitors"....

[Susie]

Re: Everything getting on top of me.

Cannot offer any help a;though the others have done a great job, but wanted to add my upport for you. Your sister really does need shaking though, she sounds a real cloud cuckoo land person

[Ames]

Re: Everything getting on top of me.

Thanks, do you think Lyle would be able to do DWP stuff? Or should I phone the Law society and ask for someone that does LPA, probate and DWP stuff?

Although I imagine that if I ask for that it'll just be a big national firm that'll have different departments.

I'd hope that a smaller firm would be reputable enough (if fully registered etc) to say when it's something they don't deal with and pass me on to someone else?