Everything getting on top of me.

[Never-In-Doubt]

Re: Everything getting on top of me.

Good luck Ames. We're here if you need anything

[LooLoo]

Re: Everything getting on top of me.

ah Ames glad they backing down now - as this is the last thing you need

and glad you can get a copy for a fiver


good luck hun and remember we are here if and when you want to vent

xx

[Ames]

Re: Everything getting on top of me.

CC, yes it has to be the Absolute. No idea why. Dad's given me the court number so I can get a copy for a fiver.

Looloo, I've decided not to use a probate solicitor. After me going postal at them dad and sister have backed off and are doing what I say now.

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Does it really matter which decree was handed to the probate office?

The decree will contain a case reference number, so it should take only a minute or two for them to check. Even if - for whatever reason - they are unable to do that, it hardly seems important as, by having submitted a divorce decree to the probate office, your father has declared that he has no interest in your late mother's estate which should therefore be divided up according to the intestacy rules.

[LooLoo]

Re: Everything getting on top of me.

Hi Ames

can you not maybe get a copy of the Nisi and the Absolute from the court? I know more hassle which is not what you need?? Can the probabe solicitor do this for you??

xx

[Ames]

Re: Everything getting on top of me.



Got an email from the probate office today. The certificate dad gave me (after lots of begging and pleading) was the Nisi not the Absolute.

Just spoken to him, and apparantly the probate office are wrong. It is the absolute.

Then he tried saying he gave me two copies of the absolute.

Then that he gave me the nisi and absolute.

Total BS! He gave me one piece of paper, which turns out to be the Nisi.

It's so typical of him. He always has to argue everything. I've had arguments with him, then next time the subject comes up I've argued his position just for a quiet life, and he's still argued back!

Seriously, I'm worried he could be getting alzheimers or something, although he says it's because of his diabetes. That's the worst thing, he knows he's getting really argumentative but doesn't care.

Just needed to vent.

[garlok]

Re: Everything getting on top of me.

You are very welcome Ames. Like I said before its what Niddy sends his press gangs out for. And he would do dreadful things to me if I didn't help (no not really)

I think most of us do have or have had some real problems hence we can pass on what we have found out to try and help others not have so much pain as we have had. There are many of us here who have had definable depression and the like illnesses as well as physical troubles. We would have wished life easier but there is much payback in helping others to get by and having things easier than we did.

Just shout, we're only clicks away if you need anything further.

Best regards
Garlok

[Ames]

Re: Everything getting on top of me.

I've looked at the link about trust funds. That's exactly what I need, and what mum was going to do in her will. If I can still put it in one and it not affect my benefits then that'd be great.

It's not that I want to have my cake and eat it with benefits, I genuinely don't trust myself to be sensible with the money. And as I've said, buying a house will save money in the long run due to not needing housing benefit. (I know no-one's said that but I wanted to make it clear anyway).

I've looked at the welfare rights one before, there's some really good info in there.

I think I need to speak to a solicitor about LPA and a trust fund, they're the people who know all the rules. Thanks so much Garlok for giving me a starting point so that I can go in with a plan, and know what questions to ask.

I know the gift tax/inheritance does matter. But they'll see it as possibly being liable for gift tax in the future, compared to definitely being liable for stamp duty now. That's a battle that can be put off for a few weeks at least until the house sale becomes imminent. Getting the probate and administration sorted is the first hurdle.

Thanks again for all your hard work, it really means a lot that at a time like this, especially given how my family are being, that a 'stranger' on the internet is prepared to put so much effort into finding out my rights.

And thanks everyone else for the support and letting me rant, you've no idea how much help you've been in my keeping my sanity! Well, what little I had to start with anyway...

[garlok]

Re: Everything getting on top of me.

Hi Ames,

That does happen a lot on other sites but Niddy just does not allow it to happen here. All the mods are briefed to prevent any abuse whatsoever.

On the inheritance thing it certainly does matter. The only exceptions that I know of to all these complex rules is in the event of what is known as "mutually beneficial wills" made leaving the whole estate to a surviving spouse. There are no tax liabilities in this event. Children of a marriage are treated just the same as any other beneficiary sadly.

regards
Garlok

[CleverClogs (RIP)]

Re: Everything getting on top of me.

So, going to phone the law society now about a solicitor, then have a nap.

So don't let anyone post anything for at least three hours...

[Ames]

Re: Everything getting on top of me.

Hi Ames,

I've just checked and you do not have to worry about stamp duty, it is the purchasers responsibility to pay it. You have not committed any fraud, it would seem that your Dad is the one who is attempting to get below the threshholds, plus accepting a 10K "gift" might just put you liable for gift tax if he does not survive the next 7 years and stamp duty has been avoided.

regards
Garlok

Thanks. It's good to know I wouldn't be in trouble for the stamp duty thing.

I know about the gift tax, I've told them about it (although I thought it was 5 years), but of course they're not listening. Sister says that I'm being horrible talking about dad dying, dad accepts that I'm being practical but doesn't plan on dying so soon, and besides, since we'd be inheriting it anyway it doesn't count

I'm back from the nurse, it was very positive and helpful.

Came back and found a nice supportive thread on another site about my diabetes has been deleted, I assume because a particular poster has a vendetta against me and is following me round being nasty, she'd threatened to report it for 'medical advice' (which there wasn't any, until she gave some) and looks like she has done. Grrr.

So, going to phone the law society now about a solicitor, then have a nap.

[garlok]

Re: Everything getting on top of me.

Hi Ames,

I've just checked and you do not have to worry about stamp duty, it is the purchasers responsibility to pay it. You have not committed any fraud, it would seem that your Dad is the one who is attempting to get below the threshholds, plus accepting a 10K "gift" might just put you liable for gift tax if he does not survive the next 7 years and stamp duty has been avoided.

regards
Garlok

[CleverClogs (RIP)]

Re: Everything getting on top of me.

Just spoken to sister.

Is this your sister?

[garlok]

Re: Everything getting on top of me.

Hi Ames,

Hang in there gal. No problems about not reading the links straight away. I wouldn't worry too much about the value you placed on the probate forms, the "values" can only be an estimation, the real value of anything is only what someone is prepared to pay for it. Most estate agents now seem to "build-in" some room to manoeuvre because of the state of the property market. Looking at the figures you have quoted I don't think stamp duty is going to enter into it as a real consideration in your calculations.

Look after the "D"!

regards
Garlok

[Ames]

Re: Everything getting on top of me.

And having spoken to dad, sister had it all wrong.

Dad's going to give us (effectively) 150k for mum's house. Which is what I put on the probate forms, and above the valuations.

That's assuming his sells for 145k.

That'll give me enough to pay a probate solicitor (dad's 'but it's all done now' and 'I'll write the letters and stuff, you just sign them' strangely enough hasn't changed my mind about that), and buy a house for myself.

Garlok, I haven't had chance to read the links and properly reply to you, I've just got into an argument 'elsewhere' about my diabetes and now I'm going to curl up with a good book and have an early night.

Plan for tomorrow: Phone Levi & Co, see nurse about diabetes, catch up on paperwork and read Garlok's links.