Everything getting on top of me.

[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.

[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.

[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?

[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.

[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.

[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.

[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.

[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.

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.

rem acu tetigisti

But how long may an executor reasonably delay settling an estate?

Would it make any difference if the executor invested any monies in governmemt stock?

[Never-In-Doubt]

Re: Everything getting on top of me.

rem acu tetigisti

But how long may an executor reasonably delay settling an estate?

Would it make any difference if the executor invested any monies in governmemt stock?

it's more than touching a point though; it's actually cause for a whole new debate!

I think lots of the system needs looking into. I'm learning (plus with the help from You guys) but it shouldn't be soo cloak n dagger and hard to understand; it should be a cheap painless process to sort out! Notice should, being the operative word used!

[garlok]

Re: Everything getting on top of me.

Well again I suppose it comes down to current practice. I seem to remember years ago that a solicitor for example conducting conveyancing was required to place all monies belonging to clients into a specific deposit account for each client and at least obtain a return for the time he/she held that money. Did that not follow some scandal 70's/80's of practices using client money to invest and themselves getting the return?

If you look carefully at what Ames has been told by Irwin Mitchell, it is encumbent on her to maximise the estate's value before disposal or words to that effect. I am prepared to assume that means she can invest liquid assets in a safe haven for a return to the estate. Length of time can be very short (weeks) or it can drag on, one I had to deal with in the end was over a year (with an engrossed will in place and solicitor co executor) due to a cock up by the Inland Revenue and a missing cheque owed by them to the estate. Several factors can come into play. This one could be be very easy IMVHO as long as there is no dispute.

regards
Garlok

[Ames]

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.

Once the administration is done and the estate divided, I own half a house. That means I have capital and so don't meet the thresholds of means testing.

I guess it depends when the estate is seen as settled, would it be when the debts are paid etc, or when the house is sold? I assumed it would be when we inherit a house between us (that's the advice I got on the 'other' forum I use). If it's when the house is sold and monies distributed then that changes things.

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

I'm not going through the council welfare rights, I'm using a national charity, DIAL. They're fantastic and have fought tooth and nail for my interests in the past. I have spoken to him, but about the issue of whether or not I can buy a house. I didn't think of the LPA stuff till after I'd spoken to him.

rem acu tetigisti

But how long may an executor reasonably delay settling an estate?

Would it make any difference if the executor invested any monies in governmemt stock?

This is something that worries me too, if I take forever to sort it out then the benefits people could accuse me of fraud and trying to hang on to benefits.


Dad's had his valuations. It's worth the bottom end of mum's - so the same as mum's is now. To me, that means it's not worth selling to him as we could probably get more for mum's, especially if they do do the work that needs doing.

Dad however thinks that it's worth selling to him, at the lowest price (which is less than I put in the probate forms as I took an average) as it'd save us fees. He did think though that mum's mortgage was less than it is - he thought 20k and it's 27k.

I need to speak to sister, then asap get a solicitor onto it, otherwise I'm going to get bullied and pushed into something that's not in my interests.

[garlok]

Re: Everything getting on top of me.

Good stuff Ames. You are the one in control of this, no one else. As long as you get the house on the market in a sensible amount of time then I see no problem with your benefits situation. Really I don't. In theory you own nothing until that estate is settled.

For example, if you had decided not to sell the house and have equal shares with your sister, how would you have set that up? Tenancy in Common Trust? I am trying not to get too technical with this but I believe that it is legitimate for everything to be put on hold until such times as the estate in its entirety is liquidated, all responsibilities and liabilities met and the residue divided between beneficiaries. The mortgage company may not be too happy but this is an example where a solicitor carries so much more clout.

As regards your capital, there are certain levels of savings and capital that you are allowed to hold , so I would suggest that you would only have to reduce your holdings down to that level. There some serious questions about what you have been told that are swirling around my head. I won't raise them now, I need to have a think and look up some stuff. Again if anything comes out I will get back on them.

best regards
Garlok

[Ames]

Re: Everything getting on top of me.

Thanks Garlok, I've been pretty brief about the benefits stuff on here so ask away.

I'm still waiting for sister to get back to me as we need to talk about the valuation.

It might help if I put the numbers. Mums - one EA said 140-160k, another said 160-180k. Dad has been told 140-145k. Probate forms, I put 150k.

I honestly don't see how we can be better off selling to dad than putting on the market. Especially since sister and I will be getting 12k which we can use for a new basic kitchen etc. Since the kitchen doors are rotting, and the taps in the kitchen and bathroom don't work, I accept that that work probably will pay for itself.

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Dad's had his valuation. It's He's worth the bottom end of mum - so the same as mum is now.

FYPFY.

Dad however thinks that it's worth selling to him, at the lowest price (which is less than I put in the probate forms as I took an average) as it'd save us fees.

How might it save on fees?

He presumably means that the estate would not need the services of an estate agent and, whilst that would be true, it could also mean that the executor could fail in his/her duty to secure the highest price for the beneficiaries.

I need to speak to sister, then asap get a solicitor onto it, otherwise I'm going to get bullied and pushed into something that's not in my interests.

Lawyer first, then sister; if she starts to bully you again, you can then give her the lawyer's details and tell her it's with him now.

Then tell her the lawyer wants the car back, to sell at auction. That should please her.