Another Probate/mortgage querie?!!

[shmooey]

Hi all, great site! hope someone will be able to help! My dear friend died without a will. I have letters of administration now. His house is still mortgaged and i know it will go to his son who is a minor. Can I change the name to the child? or do I have to use my name as I am guardian? The mortgage was also very badly chosen, can I change it to another cheaper mortgage? (its been kept for the son to decide in the future what to do) meanwhile it will be rented out to pay for the mortgage. Many thanks in advance.

[WWOW]

If there is no Will then how do you know you are the appointed guardian? Financial matters are the responsibility of the executor and in this case as the person died intestate the Public Guardian will make the appointment.

 

Once a trustee is appointed then he will have the same powers of investment as the deceased as though they were still alive and switch the mortgage. Contact the Public Guardian: http://www.publicguardian.gov.uk/

 

If you need more help or free advice then send me a PM. Once you are appointed executor trustee and have grant of probate then you will need to distribute the deceased estate under the law of intestacy.

 

 

[poppynurse]

and wouldn't the lie insurance pay off the mortgage?

[WWOW]

Yes, but that's down to the executor to deal with. The OP needs to be appointed first and that's done by the Public Guardian Office where the deceased didn't make a Will.

[shmooey]

Hi, I have been appointed with letters of administration. Its quite a wierd situation really as I am trying to think very fairly. The mortgage was paid off with insurance but he had just got an extention on his mortgage-which wasn't insured!! Litterally a few months before he died, so the outstanding is owing but for such a small amount the payments are rediculous! Thanks for the help, will PM you with details.

[Rooster-UK]

Be wary of giving or receiving advice via PM. If the info is wrong, you will not know until the day that you lose your claim.

 

If the advice is given in the forum then, if it's wrong, another user will be able to point that out.

 

Regards, Rooster-UK.

[shmooey]

hi all, this is tough. since found out a solicitor has been appointed to deal with everything- but refuses to talk to us as says is working for his partner at the time!!! Friend lived with partner and kids (not his)and is still living there until things are sorted. Shouldnt this solicitor be working alongside the appointed? There is something fishy here and I dont know what to do!!!!I have contacted the mortgage company and requested all mail to be sent to me now but other accident claim monies is being dealt with by partner and this solicitor! I cannot afford my own solicitor, what on earth can I do!! Thanks.

[JonCris]

Appointed by whom who's partner is solicitor working for. Do they know you have letters of administration

 

As the court appointed administrator the solicitor cannot ignore you & if they do it's at their peril.

 

If you want people & organisations to deal with you direct best thing to do is write explaining who you are enclosing a copy of your letters of administration then they will be forced to conduct all further correspondence/negotiation direct with you

 

Also if it's found the solicitor has acted without the appropriate authority they could find themselves in very deep doo doo.

 

1st with those involved in winding up the estate, banks etc as the solicitor will probably have given a binding undertaking that he/she was empowered to act when they are not & 2nd with the Law Society as giving a false undertaking even without knowing is a very,very serious breach of the rules as it undermines the whole fabric of the administration of the law

[shmooey]

Hi, thanks for the reply. Initially, we all have a very good relationship with the partner so, letters of administration was granted to myself and the partner on one document. We morally decided that things would be split fairly-knowing that next of kin was 2 minors. The minors wanted partner and kids to stay in the home until they have no need anymore. Now have discovered the solicitor appointed by accident insurers are working soley with the partner to gain full rights to owning the property and any money which may come through! The appointed solicitor will not speak to me. Is this legal? I have had no correspondence what so ever and am unable to find out whats going on! Partner is very vague....

[shmooey]

ps. partner being -friend who was killed in an accident had partner and kids (from their previous relationships) for 17 months. thanks! (sorry for being so vague-worried!)