Date: 18-04-24  Time: 01:32 am

Author Topic: Probate  (Read 2435 times)

evesdad

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Probate
« on: 20 February 2014, 08:55:10 pm »
Sure I have read something about probate here before so looking for answers from the foc-u font of all knowledge. My mother passed away on new years eve, her will names me as sole executor and beneficiary. Main query I have is do I have to transfer her house into my name before putting it up for sale or can it be sold as part of estate? Also called into barclays bank today to freeze her accounts,got passed on to their bereavement service and they are sending a  "probate specialist" to see me next tuesday evening. Is this some sort of ruse to get me to use their expensive services?

slimwilly

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Re: Probate
« Reply #1 on: 20 February 2014, 09:18:06 pm »
I suggest seeking expert advice,careful on the inheritance tax too
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evesdad

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Re: Probate
« Reply #2 on: 20 February 2014, 09:54:01 pm »
I live in Merthyr Tydfil Slimwilly,could probably sell the whole street and not reach inheritance tax threshold! Of all the people/organisations who have promised to send me relevant paperwork it is only HM revenue have obliged.


Council sent me one letter saying the estate was owed £177  council tax and another to say I am liable for council tax on the property :eek

chaz

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Re: Probate
« Reply #3 on: 20 February 2014, 09:56:15 pm »
before you let anyone do anything ask "HOW MUCH".
As it's 15 years since I sorted my mothers will out things will have changed but I sorted the legacies out and paid all the bills, it will have to go to probate which involves going to a commissioner of oaths and this then goes to a judge (as long as its over a certain amount not sure how much it is now but it was something like 25k when I did it)
I tried to get a price off my solicitor for the work he doing but all he would commit to was hundreds rather than thousands.
The house that was sold was not put into my name, you need a copy of the will and death cert.
P.S. my solicitor was jailed for fraud my ex- wifes solicitor was struck off and my parents firm of solicitors was shut down, so be careful.

if the house is empty and up for sale I think you can have it exempt of rates for 6 months? if its classed as your 2nd home I think you pay 50% but check on this as its 15 years since I delt with it.
« Last Edit: 20 February 2014, 10:01:15 pm by chaz »

slimwilly

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Re: Probate
« Reply #4 on: 20 February 2014, 09:57:04 pm »
Just give the council a forwarding address for your poor mum,,,plot number , the cemetary :)
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Fazerider

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Re: Probate
« Reply #5 on: 20 February 2014, 10:12:27 pm »
... Is this some sort of ruse to get me to use their expensive services?
My cousin used to work at Barclays and he was appalled at how much profit they make from executor services... don't let them talk their way into taking over the task. I'd cancel that appointment.

Grahamm

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Re: Probate
« Reply #6 on: 20 February 2014, 10:31:11 pm »
Is this some sort of ruse to get me to use their expensive services?


Very probably. They'll ask for a percentage of the value of the estate. It may only be eg 4% but if the house is worth £150,000 that will be £6,000 minimum!

See http://www.theguardian.com/money/2009/apr/18/probate-writing-a-will then check http://www.moneysavingexpert.com/family/what-to-do-when-someone-dies

evesdad

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Re: Probate
« Reply #7 on: 21 February 2014, 12:45:55 am »
Just give the council a forwarding address for your poor mum,,,plot number , the cemetary :)
... Is this some sort of ruse to get me to use their expensive services?

My cousin used to work at Barclays and he was appalled at how much profit they make from executor services... don't let them talk their way into taking over the task. I'd cancel that appointment.
Will do tomorrow
Is this some sort of ruse to get me to use their expensive services?





Very probably. They'll ask for a percentage of the value of the estate. It may only be eg 4% but if the house is worth £150,000 that will be £6,000 minimum!

See http://www.theguardian.com/money/2009/apr/18/probate-writing-a-will then check http://www.moneysavingexpert.com/family/what-to-do-when-someone-dies




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Fraser

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Re: Probate
« Reply #8 on: 21 February 2014, 09:07:05 am »
When my dad died 3 years ago, I did it all myself. The house stayed in my dads name during the sale, I only used a local solicitors for the house sale conveyancing , it helps a lot if your local solicitor is on first name terms with your choosen local estate agent. Banks don't do anything for free.The council/ tax office are very helpful and don't charge anything. The current inheritance tax threshhold is £ 325 k , that covers the entire estate, car, house, savings etc.
Old enough to know better

HarryHornby

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Re: Probate
« Reply #9 on: 21 February 2014, 09:10:50 am »
Hi, I did my Mum's in 2012, did it all by myself, it was easy (they didn't have a complicated estate).  It all went though literally via return of post.  I was very impressed by the whole thing.


I've PMd you my phone number, happy to offer advice, it's a tough time losing a parent as it is, without all the agro of house selling, estate, council tax etc etc


Just a quick couple of things while I remember.  You can put the house up for sale but can't sell it before probate comes through.   As long as the house is unoccupied at the moment you should get (I think) 6 months council tax at £0
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sadlonelygit

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Re: Probate
« Reply #10 on: 21 February 2014, 12:01:15 pm »
right then.
did my mum's with me as sole beneficiary. just fill in a few forms and bob's your uncle.
just finishing the F-i-Laws estate......6 properties, a business, gifts exceeding the threshold, transferable nil rate bands, you name it, it's in there.
THAT'S a pita.
If the total value of the estate is less than £325000, or £650000 for a couple, then it's something you can do yourself.
just make sure the deceased hasn't gifted anything prior to death in the last seven years exceeding £2500 p.a.p.g.
Regarding the property, inform the local council that it is now a rental property and that you require landlord exemption for X(max of 6 months pa) as the property is not yet let.
Set up an executors account with the bank and channel all monies through that until probate is granted.
sorry for your loss btw.
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evesdad

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Re: Probate
« Reply #11 on: 25 February 2014, 05:30:48 pm »
Thanks for advice everyone forms posted today will see how it goes ;)

Hamos

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Re: Probate
« Reply #12 on: 25 February 2014, 06:22:26 pm »
You can do it all yourself.  You need to get probate stuff sorted still so that it can be proved you are the beneficiary in the will.  Very easy, just fill in form and turn up at the probate office and sign more forms.  Definitely can do it all yourself.