Showing results for 'Executor'.
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...sed, yes? In which case all you need to say on the form is 'Estate too small to require Probate, no Executor/Administrator appointed'.... -
...I'd be inclined to say that as I'm not the Executor I am unable to confirm anything about the Estate rather than state something that I know isn't true (as there is an Estate). I might also say that as she owned no property and was living in sheltered housing I doubt the Estate is very much,....
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...he Probate Office to be appointed as Administrator? [Jargon note: 'Administrator' is equivalent to 'Executor' when someone hasn't left a Will]. The bank accepted your notification of your mother's death, which is presumably why the DDs have been cancelled. But will they let you have the money now or will they require to get a formal appointment as Adminstrator from the Probate Office? You can apply online but I've heard that there are delays in the Probate Offcie and it takes several months before they issue the formal document, the 'Letters of Administration'. Applying for probate: If there is not a will - GOV.UK (www.gov.uk) ...
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...opy of the death certificate and make clear they should correspond with you in your capacity as the Executor of the Estate and that you have been granted probate. Don't give them any phone or email contact info, post only Don't tell them anything about whether you have distributed the Estate or whether it has assets. Just that a notice had been put in the Gazette and had not received any notification from them. Strictly legally if someone had a civil claim against your fil at date he died then then it should be paid by Executor from the estate. But equally the Executor can also use any defence to a court action that f...
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...The other complication for the executor could be that this gift was made less than seven years before the person's death, so may need to be declared unless it comes under one of the exemptions. How Inheritance Tax works: thresholds, rules and allowances: Rules on giving gifts - GOV.UK WWW.GOV.UK Inheritance Tax (IHT) is paid when a person's estate is worth more than £325,000 when they die - exemptions, passing on property. Sometimes... HB... -
...ldn't have accepted the gift is immaterial sadly, legally it was not his to gift it to you. An executor cannot be held PERSONALLY liable to pay any debt subject to settling of a deceased estate. if the deceased estate does not have the funds to pay, then, yes, the debts dies with the deceased. HOWEVER.. many many executors needlessly pay all manner of the deceased debts without exercising their required due diligence in law, if a creditor does not contact the executor within the notice period that's tough luck on them, IMHO the executor should not go out of their way to contact perceived creditors. you might be able... -
...ght on HP. Is it still mine if there is a year's payments due on it? Or should the executor pay the last of the debt off? Executor is trying to tell me that they personally can't afford to pay the last of the debt, so the caravan has to be sold to settle the finance. I thought if there isn't enough money in the estate, the rest is written off?... -
... contested , a verbal agreement is a good as a written contract in a court of law . The executor of the will is wrong to simply demand it back under the guise of its on HP in the deceased name Dx...
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... who gave it to me died recently. His sibling, (who I'd never met until the funeral) is executor and is demanding the present back. I didn't know it was purchased on finance, but apparently there is a year left of a five year HP agreement on the gift. The gift is registered in my name (its not bricks and mortar) and has been insured and cared for by me since receiving it. The sibling says because of the outstanding HP, he has to return it to the finance company or pay the last year of the finance, so I have to hand it back to him. I thought executors had to settle any outstanding...
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... until letter of administration was sent in. This despite them having moved account into my name as executor. Getting the admin letter took nearly seven months from mums death as there had to be an inquest into why mum died, From March until June the bill was being eaten away and I could not provide meter readings as provider closed my online access and refused to speak to me. Once the register had approved probate I sent letter in with a complaint, with the loa, but was fobbed off again, sent another letter in threatening public humiliation to them. got a reply saying will credit account down to zero but nothing abo... -
...ut he had in fact passed away in 2016. FOS changed the status of the complainant to the executor of her late husband's estate and although the complaint was upheld, FOS refused to offer compensation on the basis that their rules prevented them from awarding compensation to an estate. But FOS never disclosed to the complainant the effects the status change would have on the outcome of the complaint. We complained to the Independent Assessor (Dame Gillian Guy) who agreed with us and ordered FOS to pay her the compensation themselves. Have you considered sending a Subject Access Request to FOS?... -
... away whilst I have been managing another big legal matter regarding my late fiancée's estate, the executor of which has been trying to steal my share for the last two years, so forgive me if I haven't gone through the 10s of pages you suggested. The only one I saw that had relevance was in relation to a more advanced stage of proceedings which could be paired-down. However it does somewhat seem to use a sledgehammer to crack a nut. It's one of your posts and I'd be interested to see if there was anything you advised before it got to actual court proceedings?... -
TUPE and Death in Service
aliceinw replied to aliceinw's topic in Employment and minimum wage problems
... Thanks for replying - in response to questions yes company 2 is still in existence and I am the executor. I have asked Company 2 for a copy of the benefits and to be fair they have been helpful but they have said that as it wasn't a contractual benefit it didn't form part of the tuping over process. I just think as Company 1 made such a big deal of the benefits and that she then had DIS on Company 2 then it should have been honoured by Company 3 - my sis didn't earn enough to be bothered by Inheritance Tax so we aren't talking a lot of money but it would help my niece when she leaves college. Think I'll try Company 3 to see... -
TUPE and Death in Service
honeybee13 replied to aliceinw's topic in Employment and minimum wage problems
...I'm sorry to hear about your sister. Are you executor? I'm wondering if it's worth whoever is the executor sending an SAR to the company asking about benefits and also paperwork for the TUPE transfers. The reason that the DIS is referred to as 'discretionary' is normally to do with not incurring an Inheritance Tax charge when it's paid out. HB... -
...mother died? And can you give us the answer the question about your status? Are you the Executor of her Will? If so do you have Probate yet? {Edit: I just noticed you say in post #1 that you are now starting probate} I suggest you hold off contacting the firm of solicitors now run by his son until we've been able to see the full document....
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...I asked earlier if you're executor? See what other people think, but I think you need to contact the son/firm and find out what he can tell you. If he doesn't want to tell you, you may need to send an SAR on behalf of the estate. HB...
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...Hi. That sounds unusual. I take it you're acting as executor and is the firm still in existence? I'm wondering if you can get more information acting as legal personal representative if they are there, but it could depend on how long ago this transaction happened. HB...
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Legal, Will and Probate Enquiries
Manxman in exile replied to Yorky55's topic in General Legal Issues
...isability? (It's confusing understanding who is who because in #61 you say that "Fred" is the main executor but also that "Fred" has learning disabilities, but that "Flora" is sole beneficiary??? I'm afraid your use of names - which may not be real names - when names were not mentioned in your two earlier threads - but your brother was mentioned - have made things very confusing... ????). If your father has died after your mother and his will leaves everything to your brother, with you and your brother as executors, then your brother has been left everything - if I've understood your question correctly. It's always p... -
... in home. From my understanding of the following. 1] The appointment of named people as Executors and Trustees of the will, are the ones to sort out the wishes of the will and to make sure the wishes are done. so for example; Fred and Flora surviving son and daughter of Gilbert the father who died. Fred acts as main executor and Trustee as Fred has learning disability issues. 2] I GIVE DEVISE AND BEQUEATH all my real and personal estate of whatsover..........to my Trustees upon trust to sell call in etc....... "real estate" means home. So is it my understanding that Gilberts home, now belongs to both Fred and Fl...
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CCA requests as executor - Philips and Cohen
BazzaS replied to Bosschow21's topic in Debt Collection Agencies
...Executor takes on a fiduciary duty’s, and can acquire personal liability if they don’t “dot the I’s and cross the T’s” Hence far better to create that audit trail. Recorded delivery letter, reasonable deadline and then put them in the dustbin of history.... -
CCA requests as executor - Philips and Cohen
BazzaS replied to Bosschow21's topic in Debt Collection Agencies
... estate, and need them to demonstrate why these sums are owed and not unenforceable. As executor you are not permitted to treat any creditor preferentially. You are also only required to act reasonably, and then to the best of your knowledge and belief. Wtite, recorded delivery. Stress that you have already asked them to prove any debt and it’s enforceability. Having given them 18 months already, give them a further 2 months to reply with why the alleged debt is enforceable, and settle the estate after that time if you still haven’t heard anything.... -
...Cabot/IDEM etc these were all then passed to Philips and Cohen and I have been dealing with them as executor to the estate. I contacted National Debt helpline who advised that the executor (me) would step into the shoes of the deceased and be able to follow the CCA request route to get more information. Mainly I wanted to check these companies had the right to any money from the estate and to get some understanding of how my dad got into this situation in the first place. I’ve since had one account closed due to the information being too old to find, and gradually over the following year the remainder returned various bits and...
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... death @HertsCorn I had a similar situation with E.On when my mother died and I was her Executor, although not involving DCAs. Some organisations seem unable to grasp that the person they claim owes the bill is no longer alive. I did find though that once I'd provided the Death Certificate that was the last I ever heard of it. Even debts my mother had owed and I was willing to pay from the Estate were never collected. Can you clarify your post #7. Have BW agreed that they will not pursue you for payment and won't contact you again? Have they confirmed it in writing? In answer to your general question about ...
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...w empty and is in the possession of the council. Mum passed away in May 2020. I was her executor of her will. The will was very basic and it was just small possessions to give to family. There was no money to leave. In a part of the will was she had life insurance policy which was spent on a headstone for her and my father. Please advised what to do next.... -
...e (if competent)). what may give you rights is if you are a beneficiary of their estate, or an executor of their will ; if you are a beneficiary and not an executor, you’ll need a letter stating why you have authority from the executor of the estate. What will you do if the reply comes back “they died of dementia and poor nutrition due to the dementia”?...
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