Help please, mum with dementia EOL no POA, executrix of will wants to be renounced

[Vitamin33]

Hi all,
My mum, age 87, was put into a nursing home three weeks ago after a month or so in hospital, and her flat in a council run retirement housing complex has now been cleared out, as she is end of life care.
She made a will a few years ago, leaving what little she has, circa £10k apparently but I've not seen all paperwork yet, to me and my two siblings. She appointed as "executrix and trustee for the purposes of the settled land act 1925" of her will her sister, who'll I'll call Mavis, who is 85, and in her sister's absence, her sister's daughter, my cousin, who I'll call Susan. I have been estranged from my mum for a long time but Mavis contacted me to update me and I have now visited numerous times, and my mum's very happy about that (very complicated family history, and my siblings have not visited and are unlikely to). She knows who I am and we chat, but she has dementia, although I'd say it's partial dementia, as she is able to decide what she wants to eat, and what clothes to wear, and tells me how she feels, etc, and talks about my brother and sister, and her early life memory is very good. Last week the nursing home thought she'd died as she had what they called a collapse but she recovered and she now seems in fairly good shape. I have a few questions, if anyone can help. She has no power of attorney and receives pension credit, and the state or some aspect of it is paying for the nursing home. Today her sister, Mavis, said something along the lines that the first three months in the nursing home are free but then money has to come from somewhere. My thought was if she has £10k will the state take that? But if they do, what about her funeral costs,as they have to be paid? I've done a bit of research tonight and learned that if it's too late for me to get Lasting POA, the alternative deputyship or somethng is not an option as hugely expensive to apply for. My mum may not live more than a few weeks, but I'm thinking what if she lives another six months? Also, Mavis is in poor physical health, as is her daughter, Susan, who is currently in hospital awaiting heart surgery. Mavis said she has no idea what to do as executrix and trustee and doesn't want to be involved, and wants me to take care of stuff, and Susan feels the same. I found out from internet they can both complete a renounciation form but only once my mum has died, but how can they appoint me? I don't see a section on the form where they can say they want me to take over. I would rather not have to deal with anything (as you may recall from other posts I've been helping my friend with her mum's insolvent estate and that has been longwinded and time consuming). My mum's estate will consist of what she has in the bank, no assets or anything, never owned a car or property. Mavis took care of getting my mum's flat cleared, as they live in the same retirement complex, and has handed back the keys. I'm not in touch with my siblings, but I'm sure they would trust me to sort out the funeral and finances. Thank you in advance for any help and guidance.

[twohoots]

I believe that if all your Mum has is £10,000 then she is well below the threshold for self funding her care and social services will pay for her care. So whatever your Mum leaves will be split between you and your two siblings.

[des8]

Whilst it is not possible for the right to probate to be renounced prior to the death of the testator it is possible (and legally binding) for an executor to agree, in a formal written agreement prior to the testator's death, to renounce his position as executor upon death of the testator. Essentially the executor would be agreeing to renounce at a future date.

Also before you start sorting out the estate obtain written confirmation from your siblings that they are in agreement. (just in case they change their minds later!)

With such a small estate and assuming it doesn't include land or stocks and shares, you will not need to obtain a grant of probate. However you will need to make an inventory and keep accurate accounts.

[Vitamin33]

I believe that if all your Mum has is £10,000 then she is well below the threshold for self funding her care and social services will pay for her care. So whatever your Mum leaves will be split between you and your two siblings.

Thank you, TwoHoots, that's helpful and reassuring.

[Vitamin33]

Whilst it is not possible for the right to probate to be renounced prior to the death of the testator it is possible (and legally binding) for an executor to agree, in a formal written agreement prior to the testator's death, to renounce his position as executor upon death of the testator. Essentially the executor would be agreeing to renounce at a future date.

Also before you start sorting out the estate obtain written confirmation from your siblings that they are in agreement. (just in case they change their minds later!)

With such a small estate and assuming it doesn't include land or stocks and shares, you will not need to obtain a grant of probate. However you will need to make an inventory and keep accurate accounts.

Very many thanks, Des8, this is extremely helpful. I will draft a letter each for my aunt and cousin to sign, in front of a witness. Good advice, to get consent from my siblings, I'll do that. I have now been through paperwork, and looks like less than 10k (just money in a bank account that is basically unspent pension) and some final demands from a council care home from 2017, which may need to be paid if not settled. Ditto a few utility bills red final demands, over a year old, saying debt collectors will take over and upping the charges for admin and non-payment. This was due to her dementia, but as she was in council run accommodation, I'd have thought they would have explained her situation plus she obviously continued to get gas and electricity. But I won't contact anyone until she passes, and in the meantime I'll get letters of renounication signed. Again, many thanks,.