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  1. I sold a house which was part of an estate and for probate purposes, there are 2 administartors of the estate. When i sold the house, i was the only one who signed the agreement with the estate agents, plus i was living there at the time (but i hope that is not relevant). Once sold, and the probate solicitor completed everything, there was all but £100 left over which came to me as i had put in all the money with other estate matters. This meant that the estate agents bill was left unpaid as there was no money left over. Now the esate agents are only after me for paying this bill. But if there was money left over AFTER everything was paid for, it would have been split between both parties. However as there was none, and this is my question, should this DEBT be spilt between both administrators?? I don't think it's correct for me to be left with this debt and the other party seems not to be liable for anything. I would appreciate any advice. Also please ask if anything needs to be clarified. By the way, i am starting to pay the estate agent with monthly installements, and they have said they would be willing to write to the other administrator to ask for payments from them. Can i also do this??
  2. Dear All My moth in law passed away last year and her brother (an old solicitor), whom is looking after her probate asked me to question a few things. 1) Was a debt she had with a credit card company MONUMENT (the britannia recoveries), this seems to have been passed on to Philips and cohen as they have asked us for a payment of £2,788,33. I requested aCCA from them and paperwork arrived today 2) They have supplied a reply card signed by MIL on 7/02/03. This states in declaration to take note of terms 22 and 23 in the terms and conditions. Top left your name and address box, bottom left please complete the following details, top right declaration, bottom right sign today 3) The T & C's they have supplied only go to 18.10 4) Also on the T & C's it states there will be a £12 charge for late payment, yet on their print out of payments she was charged £20 for late payments. 5) They havent sent statements as such just spreadsheets so this shows no balances at all nor interest 6) Their T & C's also state no interest as they are obviously just template ones, which could be recent ie only going up to section 18 and having £12 charges on them 7) they have sent us the last statement which shows the alleged balance 8) It also shows many £2 cheque cash handling fees which I cant see mentioned in T & Cs and cash interest and monument interest taken out every month. 9) it seems she made last payment on feb 2012 Wondered what anyone thinks on this?? Kindest regards Henry
  3. i so need some help and the internet is a minefield and just giving me headache i wondered if you could advise My husband died 30 aug 2013 very suddenly had heart disease and didnt know aged 44 we have 3 children 20 18 and 6 the older two not being biologically his my husband had got hiself into trouble before dying with money i didnt know he had cancelled life insurance house insurance everything in a effort to pay bills the mortgage is solely in his name and my husband had also ( not known to me messed with my credit rating too ) his bank the halifax gave me a little break after he died to allow me to pay for funeral ( did NOT advise ) this would incrue charges so mortgage would go into arrears now they wont change property into my name due to these arrears 2300 worth i need house in my name as i cant afford the mortgage as it stands mortgage 69k value 87k and term while my husband had it 18 yrs all i want is it extending to 30 yrs to bring the payments down so we dont loose our family home i moved in here with my husband in 1998 and have paid through i just didnt go on mortgage as it was his mums old council house and the mortgage at first was him and his mum ( for the disc) and then a few years later he remortgaged and put it solely into his name what can i do anything ???
  4. My wifes grandmother died leaving no will, grandfather had died previous year. They had 6 children and more recently one had been caring for her 24*7. 8 months before she died one of the other children had the house transferred into hers/husbands name, sold their own and then moved in. Seen the solicitors docs for this and it's stated that they would settle their mortgage and pay rest to grandmother (about 50k) - this money was never paid to her. They had control of her bank accounts too and there was approx 20K took out in the year prior leaving about £3k. This person handled all the estate as they had access to all the account info and have never distributed a copy of the estate accounts. We've written to them, had a solicitor write to them but they will not part with any info. My wifes mother has since applied and been granted probate but even when presented with the grant, this person will not disclose the 'estate accounts'. Is there a way to get them to disclose it via court ?
  5. Okay first of all CAGers, I respectfully thank you for your continued service to the community in respect of legal matters. I can remember sorting out one or two debts myself using help from these forums many years ago, and for that I am still grateful. Okay, on to business... This thread relates to recovery of a substantial (but small in legal terms, definitely sub 25,000 and likely sub 10,000) estate by the sole beneficiary of the estate in the absence of a will. It involves the legalities of proof of ownership, and in this thread I will seek advice as to how (in which court, under which procedure) I would go about establishing ownership of goods once a convincing body of evidence has been obtained that the goods were owned by the deceased. Okay, some background. The deceased is my father. Sadly, despite his intellectual and moral prowess early in life, my dad blossomed into a rather ruthlessly cruel, abusive alcoholic. Circa 2002 it was decided that rather than endure more turmoil it would be better for everyone if my father moved out and lived alone. He did so. We were in contact with him regularly, at first in person and later by phone, until around 6 to 8 months before his death. He was in regular (weekly) contact with his sister, and (at least) monthly contact with his mother. As such, a great deal of information has been obtained regarding my father, following his death, from family, relatives, etc etc. My mother married my father over thirty years ago. They remained married until the date of his death. There was no legal separation. There was no will. By rule of intestacy the sole beneficiary of the estate of my father is my mother, who is very much alive, well, and in a loving and close relationship with her three children; myself included. On Monday/Tuesday my mother and I will fill application for probate naming (if possible) myself as administrator and representative of my mother, so that i can handle the affairs on her behalf. At any rate, she should and i imagine will be given grant of letter of administration herself as governed by rule of intestacy. The Estate: This is where things get messy. My father had a very good pension from his former 30 years employment in the chemicals industry. My mum remains sole beneficiary of this pension, but my father being the man he was, went and cashed most of his pension late last year: a sum approaching in total 75 thousand pounds.This was his right as holder of the policy. The money was squandered on goods, drink (and perhaps drugs), holidays, and his two friends who lived very nearby (and still do). At the time of death there was only enough in his account to partly cover funeral expenses, a mere 8 months after the initial payment. The majority of these funds are irrecoverable: my father, it seemed, used cash transactions always and so there is very little paper trail for goods. On the one occasion he did issue a cheque, it was to his friends mother for the value of over 12 thousand (presumably so that the friend could avoid having his benefits seized upon receipt of such a large sum). However. It is known from family, and some records, as well letters and witness testimony of his neighbour, that he definitely acquired the following for himself: 1) A car. Registration is known and car is parked outside. HPI check shows car was registered on the very same day a large sum of money was withdrawn from my fathers account. It is believed my father is registered keeper. Next week i will be, hopefully, able to apply to the DVLA for former registered keeper. Hopefully i can then investigate that person to see if they can lend any credence to my father purchasing said car. The car itself was insured in his friends name, as my father had a DUI ban and could not himself drive. Some weeks prior to his death he visited his mum and proclaimed to have bought himself a car so that his friend can drive him around and drive him on holiday with his caravan. Currently the keys to this car are with his friend. He is still driving the vehicle and the vehicle is still there. 2) A caravan. The caravan was again a known purchase by my father. We have letters from his flat, addressed to him as owner, from lawyers on behalf of the housing agency asking him to move it from the communal area. We have one confirming it was moved, and thanking him for it. The caravan is in storage, but we dont know where. Again, all information and keys are held with his 'friend'. 3) A jeep. This is the least recoverable asset (if any are recoverable). A neighbour said that at one point my father bought a large jeep. No registration is known, but i'm sure once we have a grant of administration the DVLA will divulge this information, if any such vehicle was indeed registered in his name. 4) A big flat screen TV This was missing from his apartment, as well as any and all documentation pertaining to ownership of goods that we know he owned, from various secondary sources such as afforementioned letters from lawyers re: caravan. Now, I have contacted the police about this, and they are unwilling to help in such a civil matter. There is nothing to essentially prove ownership or whereabouts of any of these goods, and there is no evidence of theft. They were however very compassionate, and without giving away any information to me on the phone, I got the distinct impression that my father was indeed the registered keeper of the car. It was suggested i pursue it legally. Now... I know that V5C is not proof of ownership. But if after investigation i can prove the transaction was from him for the car, and that the car was registered in his name, and that the car was paid for from the deceaseds account, then surely I will have a good chance of establishing ownership for purposes of probate in a court of law. At any rate, the 'alleged' cannot legally sell the vehicle without my fathers signature, and indeed if my father is the registered keeper then i can make myself registered keeper through the DVLA under grant of administration. I am sure that the 'alleged' will try to say that the car was a 'gift', but given the shady background of the character (involved in drugs, another friend of my dads was murdered at some point over a drugs debt - my dad testified in court), then on the balance of probabilities, my mother will be awarded ownership? Similarly for the caravan, if i can locate it. Now my question to you, is how to proceed. I had intended tomorrow on setting up a PO BOX (i dont want these people getting my address) and once i am made administrator, intending to investigate with the DVLA but also to contact the 'alleged' via post without prejudice to begin negotiations over ownership of the car, caravan, and recovery of any documents in my fathers name. I would be very factual and well artticulated in the statement of my case, state that i am acting as administrator of the estate, and negotiate a settlement so that 'without prejudice' can indeed be upheld in court. I would then go after various caravan parks and investigate to see if any of them have storage accounts under my dads name. is this the recommended way to go? I cannot approach this man in person, but i do believe that owing to his non legal relationship with the deceased, he has withheld documentation and goods belonging to my father. Indeed as his flat was cleared, the 'alleged' was continually opening his door to see what was going on. Any help would be appreciated. As mentioned this is a very messy affair... but my motivation here is to recover whatever i can of my mums rightful pension for having lived with him all the years that he acquired it. Thanks, John
  6. Hi all new to forum so please be gentle...... Ok to start i must point out that it is my partner who is experiencing the problem following the death of her mother and then her father some 11 days later. My partner is one of four sisters all surviving their parents, there is a grandchild looked upon as a sister also, the plus one. Upon the death of their father the last parent a grant of letters was applied for by one of the sisters we shall call sister A. A also organised death certs, the funerals and appointed a solicitor to undertake settling the estate. Some of the sisters almost immediately undertook going throught the upstairs of the house and disposing of some of the items. After the funeral of their father other items were distributed among them all, all appearing happyish with the items. An agreement from the solicitor was sent to my partner requesting her to sign and return. This agreement detailed that all debts were to be settled and remaining assets sold, ie the house, and the remaining monies to be shared equally among five sisters. Since then the situation between my partner and sister A has become acrimonious as sister A has sought to exclude her from several things such as spreading of ashes etc.. Then she discovered that an energy survey was required to sell the house, but was not asked to contribute. I then phoned sister A enquiring as to whether there were additional funds that could be used for this purpose, to which she stated i had accused her of stealing and that she would pay this as she had everything else including the solicitor. I contacted the solicititor, with my partners agreement to act as her representative, to inform him that the situation between the sisters had become acrimonious and that all correspondence be made with my partner directly and that agreement not be presumed. I also enquired regarding funds paid to him and discovered that no funds had been paid to him or the solicitor undertaking the conveyancing, these to be paid at the settlement of the estate. I further informed him that several debts that may have to be settled were debts of third parties, namely two of the sisters obtained goods from catalogues held in her mothers name and enquired as to these debts. Not half an hour later we recieved several threatening texts from sister A, which contained material proving that the solicitor had contacted sister A. SO my question is.... Has the solicitor broken the rules of confidentiality as he has a responsibility to all beneficiaries and not one sister ie sister A, is undertaking this work on behalf of her late father and therfore must respect their confidentiality equally. The agreement is NOT legal as the grandchild is not a beneficiary as her mother is still alive. The solicitor has done nothing to check the facts. Therefore the agreement must be rewritten to state the she is not and that all sisters agree to include her after the settlement more as agift as it were. The solicitor is the one who has a duty to keep all beneficiaries informed of all movements of assets etc and has failed to do so. Also he has been informed that others also are not doing so and has done nothing. When is the time to get help, where and anything else i ain't thought of............................... ALL HELP GREATLY APPRECIATED..... THNX:|
  7. I have been having a few issues with e-on energy since the passing away of my step-mother in February this year. My correspondence began with them in earnest in June and culminated today in a call from debt collectors Phillips and Cohen. I've cut and pasted the bulk of the email correspondence with e-on below and would welcome comments. As I'm sure you can imagine I am astounded by their business attitude and truly grateful that I am not personally a customer. I have copied in the Chief Executive this time so just hope I have got the correct email. email to e-on 22 June 2013 Dear Sir I write in reference to the above account. Mrs xxxxx passed away in February this year and I am dealing with her estate as executor. I have received and paid for one outstanding bill - £300.36 receipt no. xxxxxx. However, since 19 April I have been trying to get through to your call centre to submit an up to date meter reading. Sadly, without success as I do not have the time to spend between 18 - 31 minutes holding on and still not getting through to a person. On Thursday 20 June, I did manage to make contact with a person (this was through using the 'saynoto0870' website and I spoke with 'Michael'. Guess what, the systems were down so he was unable to help me. He did, promise to call me the following day at 4pm though but, he didn't. He gave me his extension number - 2757 but I didn't bother as I've spent enough time and money trying to contact your company. Reply from e-on 24 June 2013 Hi, thanks for getting in touch. I am sorry that you have not been able to get through to our Call Centre, in order to provide up to date meter readings. I am also sorry to hear that you never received a call back from Michael on Friday 21st June. I have raised a complaint on your account to register your dissatisfaction with the lack of customer service received. If you wish to view our Complaints Handling Process, this can be viewed on our website. We are currently experiencing technical issues when trying to correct the mailing address on the account that you are executor for. This being the case, I have not input the readings kindly provided, as any bill produced will be sent to the site address. The complaint will remain open on the account until this issue is resolved by our Technical Support Team. Once the issue has been resolved, I will produce an up to date bill using the reads provided of 32627 and 10189. I am sorry for any inconvenience caused and we hope to resolve the issue shortly. email from e-on 11 July 2013 Good afternoon. Following my email to you on the 24 June 2013, I am writing to advise that we have still been unable to add a mailing address to the above noted account that you are executor for. The issue seems to be just affecting this account, and it is currently being investigated by our IT department. At this time, I have no resolution timescale. The problem we have is that for some reason, and since the last bill was issued, the mailing address on the account is blank. It won't let me add a new and correct mailing address on the account and a lot of my colleague can't even access the account. I did manage to input the factual meter readings you provided me with, however no bill will produce as there is no address to send it to. Please accept my sincere apologies for any inconvenience caused and rest assured that I am continually monitoring the issue and will do so until a resolution has been found. I opened a complaint on the account when I first responded to you and this will remain open for the time being. I hope my actions are to your satisfaction and that you are happy with the update. email to e-on 25 July 2013 Dear Ms xxxxxxxx I write again regarding the above account. As it would appear you have been unable to resolve the issues I am somewhat concerned. The property has now been sold and completion took place on 23 July 2013. The estate is now complete apart from this issue with your company. The final meter readings are: 10195 32640 I would be very grateful if this matter was resolved urgently. I do find it somewhat astonishing and also distressing that in these days of technology that you have been unable to resolve this issue. For your information I have enclosed the original emails and your responses below. email from e-on 30 July 2013 Hi, thanks for getting in touch. I would like to advise that the issue we have been experiencing with the account relating to [name edited] deceased, seem to have been resolved within the last hour. The mailing address of [address edited] has now been successfully added to the account which should now trigger a bill based on the meter readings you kindly provided on the 22 June 2013. We have received notification from the new owner that he moved in on the 23 July 2013 and my colleague in our Home Moves Team is dealing with the change of details. Once the change of tenancy has been actioned, a final bill will arrive with you showing the readings of 32640 and 10195. I am keeping the complaint on the account open for a few more days just to ensure that a bill is issued and my colleague can action the house move. I hope you are happy with my actions and for the update. Please accept my sincere apologies for the delay and for any inconvenience caused. email to e-on 01/08/2013 Dear Sir I write in reference to the above account. I have today, received a telephone call from a debt collection agency, xxxxxx at Philips and Cohen (ref. xxxxxx), acting on behalf of your company in respect of the above account. I am distressed, angered and find it hard to believe that after all the mistakes your company have made ( see thread of emails below) that you can take this action against a grieving family. The outstanding account is 100% the fault of your company. I expect a very prompt response before I take this matter further. I have also posted this on MSE as I believe it needs a wide audience
  8. Hi, I am posting this on behalf of my Mum as my Dad passed away 2 weeks ago and she is just starting the requirements for probate etc. However, I have been helping her and come across something I need advice on. My Dad was previously married but they divorced, with this they jointly owned a house with a mortgage and endowment policy. As I understand that regardless of the will that states my Mum is sole beneficarcy his ex wife would inherit his half of the house. Though my question is the endownment policy had a death payment sum should either my dad or his ex wife die, who would be recipient of that or is it standard for the joint tenant be the named beneficiary. Finally, whilst going through the paperwork, it would appear that my Dad's ex wife has borrowed more money on the mortgage without informing him as he would have said no at the time, is this an act of fraud and could it affect the probate as his estate would be jointly and severally liable for the debt, when it was increase without his knowledge or permission. Thanks in advance
  9. Hi. Last September my mother received a bill from the solicitors firm that dealt with my father's probate which caused her alot of anxiety (she is 78 and my father passed away in 2005). The original partner who did the work is now also deceased. I have tried to communicate with them on her behalf (the bill is dated 2012 and none of the work is dated) but their response has been to threaten her with court action. She can't remember any details of what was paid and when and none of the information provided answers the questions. Just a thought, but does the statute of limitations apply to these cases? I'm completely lost so would welcome any advice.
  10. Hi, I’m not sure that I am posting in the correct forum, but I need some advice on how to proceed with an issue that I am having with the solicitor who acted as administrator on the probate of my late Aunt’s estate and don’t know where else to turn. I have already taken this matter up with the Legal Ombudsman and although they managed to recover a copy of the estate accounts from the solicitor for me, they have ruled that the complaint is “out of time” and therefore any anomalies or queries found within the estate accounts cannot be taken up and pursued through them. At this point I should point out that my Aunt passed away in January 2008, and the solicitor gained the court order of probate for my Aunt’s estate in June 2008. I am in fact pursuing this issue on behalf of my Uncle (who is elderly and unable to make this complaint on his own) as he was the only named residuary beneficiary in my Aunt’s will. The only other beneficiaries being 3 charities who were left £10,000.00 each. My Uncle received his final settlement in October 2008, but he was never given a paper copy of the estate accounts to approve and sign off (he did not question this at the time as being inexperienced in matters of probate he had no idea that it was the Solicitors’ duty to provide him with a copy, or indeed that he had to approve them.) At the time of receiving his final settlement, he was merely called into the Solicitors’ office and was told that the charities had been paid, as had the undertakers and the Solicitors’ fees and was asked to provide his bank details for payment of the residue of the estate around £53,000.00. At the time he felt this amount was slightly lower than he had expected, but assumed the solicitors had acted professionally and did not feel the necessity to complain. It was only in May this year, when he casually mentioned this matter to me and was candid about how much he had received, that I realised there may have been an issue during administration, especially as an estate account had never been seen. I immediately sent a formal complaint to the Solicitors requesting a copy of the estate account and an explanation as to why it had not been supplied to my Uncle at the time of the probate being administered. The Solicitors responded 10 weeks later but not with a copy of the estate accounts (If I’m honest I don’t think the document existed at that point) but instead simply sent a copy of a piece of paper my uncle had signed confirming his final settlement amount and the method in which it was paid. At this point I referred the matter to the Legal Ombudsman. The Ombudsman telephoned me for further information and after I had explained, attempted to fob me off with the excuse that my Uncle’s complaint was out of time with them, as it had to be made within 12 months of probate being granted, however I argued that he had only become aware there was an issue in May this year following a discussion with me, when I advised him what an estate account was and that the Solicitor should have supplied him with one 4 years ago. The lady from the Ombudsman spoke to the Solicitors and advised them to supply us with a copy of the estate accounts within 7 days, they agreed to do this. She then contacted me and advised me of this but said should any anomalies or short falls be found in the estate accounts we could not follow this up with the Ombudsman as it was out of time. Naturally, I immediately appealed this decision, but surprise surprise the appeal was rejected. We received the estate accounts 7 days later and listed on them is an interim disbursement (I believe this a payment that can be made to beneficiaries prior to the final settlement) for £36,000.00. My Uncle would have been the only person the Solicitor was obliged to make an interim disbursement to, however he never received this money and therefore his final settlement was £36K less than it should have been. Unable to pursue this through the Ombudsman, I then forwarded a further complaint to the Solicitor requesting details of when, who to and by which methods the interim disbursements were made and 2 weeks later my uncle received a response back (a copy of which is attached) basically asking for £50 in order for them to supply this information. The advice I need is as follows: Should we pay this £50 for the information (personally I feel theSolicitor is charging this fee in order to put as many obstacles in the way of supplying who they made these payments to as it will implicate them as having administered the estate incorrectly) Surely even if I pay the £50, they have no intention of supplying me with the true information I need as it will prove they have breached an SRA principal of not having protected client money as an interim payment could only have been made to my Uncle and it wasn’t. (He hasn’t had this money and overlooked it either as I’ve been through all of his bank statements from this time and I can assure you there is no payment of £36K in there), not to mention the fact I can then bring court action against them for professional negligence to recover the loss ? If we do pay this money and the solicitor does not supply any information, can I pursue this matter (Just the £50 for the additional information) through the small claims process with the hope the judge would order them to supply the information Or would I be better off going straight for a CPR 31.16 pre action disclosure for information at the County Court, as I’ve been advised by a no win no fee solicitor that as long as I can prove who the interim disbursements were paid to, they will then take up the case to recover the £36K Thank you for taking the time to read this and I do appreciate any advice on this matter.
  11. Hello please can someone advise me My father’s cousin has died and left my father £17,500 All has been sorted out in the bank but ! Now the bank has told my father he needs a probate why ? There was NO WILL but he left a note stating my father is next of kin Someone from the probate phoned my father asking if his cousin had any relatives My father said no But our deceased cousin has 2 half brothers they never got on They had not spoken or seen each other for over 60 years and hated one another My father was very close to his cousin This probate will they do a search for these half brothers Should my father tell the probate about them ? Thank you Paul
  12. WARNING: Don't let banks act on your behalf without your permission everytime... RE Barclays scandle. I worked for Barclays Trust Company as a securities clerk in the late 80's. Our function was to deal with probate, and investing clients money that had been left in a trust estate. When we got told our branch had to reach profit targets of £1million, our managers went through all clients portfolio accounts that did not require permission to act and 'turned them over'. what this means is you look at the list of recommended buys and sells from the economics department, and action them indescriminately. WHY? cos you collect 1.5-2.5% commission each time. We reached out target in less than 72hrs! what i noticed is that they only did this to accounts not requiring clients consent. i also noticed that the same portfolio's that required clients permission performed better that year earning 25-30% return, whereas, the former only gained 15-20%. i asked about it, and was told that it was not illegal, as the FSA regulation would consider if the client could have done better leaving money in a savings a/c. As the return was still higher, there was no case to answer. This is why the Robin Hood tax idea would fail, as with the introduction of advanced algorithm sell/buy triggers, the rate of 'turning over' our pension funds has gone stratospheric, whenever they want to raise profits. Even if the commission rate reduces to 0.5%, when you spin it faster it is shaving our retirement funds needlessly.
  13. Hi I'm new here and not sure if I'm on the right forum or not. My brother is an executor and a major beneficiary (as am I) of my late uncle's will. I have been emailing his lawyer as my brother would not let me even park on the drive of my late uncle's house, half of which as well as half of his estate, has been left to me. I was told today that my brother has disposed of the contents of the house, which is now on the market, as they were worthless. Surely, those contents were half mine and he had no right to dispose of them. Can I take any action against him for this? It would be Scottish law as the estate is in Scotland. Any help or advice would be much appreciated as I'm just totally sickened by the way I'm being treated as if I have no rights at all. Just as an added bit of interest, my brother had power of attorney before my uncle died. The accounts I have received are as basic as a five year old would create for a school tuck shop.
  14. Hi, My friend died a couple of years ago and I am one of the administrators of the estate. The debts we knew about were repaid from some life insurance and the balance went to his widow. His widow has now received a phone call, chasing a debt of which we have no knowledge. How would you suggest we proceed or should we ignore it? Should we contact them and ask them for full details of the alleged debt? If so, would you suggest we write or call? Is the debt still enforceable if they dont have a copy of the CCA?- The DRA is Phillips & Cohen. We believe the debt would more than likely be statute barred, however, we don't know whether a CCJ has ever been made. Am i right in saying that if a CCJ has been made, the debt could still be enforceable, even after the six years? Any advice, gratefully received.
  15. I recently discovered I am named as Executor, along with two cousins, in the Will of our, now deceased, Uncle Donald (we are all his nephews, though not siblings - Uncle Don and his wife died childless). There was quite a substantial six-figure estate, including property and money and I am a beneficiary. My two cousins have dealt with the estate as directed in the Will, as far as I can see, though without involving or consulting me for some reason and I have been allowed no dealings with it, although I have had my allotted share. In fact I did not realise I was supposed to be an Executor until recently. I discover though, that no Probate was sought by, or granted to, either of my cousins and the estate seems to have been distributed - all done and dusted - without it. I am very concerned about the legality of all this. From all the reading I've done, it seems Probate is necessary when the estate is over a certain amount - I think £5000, though I've read different sums so I'm still unsure. I'm not close to either of my cousins, having had hardly any contact since childhood, so I don't know how trustworthy they are - sorry, but you hear such tales. I'm worried in case it turns out this has not been carried out to the book, that my inheritance is not legal and I may be liable for something in some way and even have to hand it all back! Uncle Don left me some property which I want to sell but, although it's all now in my name and everything, Land Registry etc, I'm very nervous about this lack of Probate business. Can some kind person please put me out of my misery and explain Probate to me, in words of one syllable if poss. Is it actually a legal requirement? How could it have been done without? Thanks.
  16. Hi All, I have a complex situation.... My Mum died In 2008 (when I was 21yo) she left a huge amount of debt and a small completely run down house. As he next of kin I got probate, i contacted all known creditors and most when i explained i lived in the house wrote off the debt - great.... Except RBS who had been chasing me for her £3500 credit card debt... By the time my mum was cremated I owed 10k for funerals administration costs and a loan which I took out to make the house habitable... (at 21) I'm now being told The estate I.E my home (becuase there was not anyhting else) still owe's this money and RBS demand payment. I have been told I have 3 options .... Pay the full amount in a lump sum.... Immpossible Sign a payment plan for an agreed amount untill it's paid off.... of they will put a charging order on the house ... which I understand means when the house is sold RBS get their peice of the pie.... Great I am planning to live here for the rest of my life so take what you want when I'm dead....however I dont claim to understand the full scale of a charging order and what that means (any further info would be greatly appreciated) I want to know .. can they add interest to a charging order - or do they just get 3500 whenever I sell it.. or does this add extra costs of any kind ? Obviously RBS are trying to convince me that it's best to offer to pay the debt through a monthy agreement , but I can't help but feel that some "advisor " at RBS is up for a big bonus if they can convince me to pay a debt they have been chasing for 10 years - even though legally I may not have to pay any thing, by agreeing to something the debt does become mine because I have entered the agreement. Does any one have any suggestions how to sort this mess out? I'm more than happy to pay them when the house is sold ... athough I don't plan to sell it for like 30 years - so just don't want to find interest has turned 3500 in to 35,000 ..... ( also there is an option to make them and offer of what i'm willing to pay - any ideas what the least amount they are likely to accept would be ? baring in mind they have not had a payment on it since 2001).. Can I just tell them to keep on chasing I aint paying ? and what else can they do to try to force payment ....? surely no judge will allow a forced sale for 3500? I WOULD BE HOMELESS! They have given my 2 weeks to seek advice before they expect my responce PLEASE HELP!!!!
  17. My mother died last November. In her will she appointed two Executors - my brother and a friend of her's who is a retired solicitor. The latter insisted we instructed solicitors, but the costs are spiralling out of control. The Executors are due to sign the oath of Probate next Monday 14th March. Can we (or technically my brother) dispense with the services of a solicitor? The other Executor (who is actually doing nothing) won't want him to but we're finding it too expensive and also we feel a bit out of control.
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