• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

My mum has died, how to value 'unknown' estate for probate - and address query

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • My mum has died, how to value 'unknown' estate for probate - and address query

    Hello All and thanks very much in advance for any guidance you can offer.
    My mum died last Friday. I am not yet executor of her will, her very elderly sister and my cousin are joint executors, but neither is able to fulfil this role nor wants to, as both have health issues. They will therefore renounce their executorship and I will take over. I have the governent renounciation forms. I previously sought advice on here as to whether they could renounce before death with a self-created form, but we never got round to doing this. I gather I need to upload these completed forms to government website when I apply for probate.

    BUT it says I have to give an estimate of value of the estate, which is where it gets tricky. Her only assets are money in two bank accounts, Lloyds and Post Office. There is now £18k in her Lloyds a/c as her pension and related payments have accumulated. It is unclear how much money she has in her Post Office account, but based on a post office receipt, obtained from the housing complex (assisted housing) where she used to live, it looks like there could, I must emphasise 'could' be £25k in that account, but I will not know until I see statements. Sadly, the Post Office have for the last four years, kid you not and despite my informing them, sent her statements to an address that doesn't even exist any more.

    The reason I say 'could' is because the housing complex where she lived from 2017 until 2021, when she was admitted to a care home on end-of-life pathway, had control of her bank card and once said, after she had moved out, that there was no money left. Fortunately, the council acted as intermediary in getting me all their receipts and ledger entries, and while their book keeping wasn't great and it looks like some receipts were made up, in general the amounts tallied. Of note is that the last post office receipt they provided showing a balance of £25k was dated a week or so before she moved out permanently, which means in theory that money should still be in her account. But what if it's not; how do I value the estate?

    My other question relates to care home fees; currently the council have been taking £680 or so per month toward her care directly from Lloyds bank (turns out their was a general direct debit in place which they used to access money, because at one point they talked about getting a court order). But depending on how much my mum had in total when she first went into care, which would have been whatever was in her two bank accounts; Lloyds there was £3k I think and IF £25k in Post Office she would have started off with £28K and would have had to self-fund her care until that amount dropped below £23.5k, so probably a month at most ( if my understanding is correct). Thereafter, she would just made a contribution instead of paying the care fees in full. I gather another revision as to the amount of her contribution would have taken place when her savings dropped below £14k.

    My mum had dementia so no mental capacity for such matters.

    So the bottom line is that my mum owes Redbridge Council quite a lot and I have told them that once she died and I had control I would work everything out retrospectively and pay them whatever was due, if she has the money.

    I therefore have no idea what to put on probate application for value of estate - can anyone help please?

    I have another question regarding the address on the probate form: I have a brother who is not mentally stable and prone to being malicious and scary (silent phone calls at the dead of night, and loves to write poisonous and alarming letters) so I would rather my personal address not appear on the form. Is there a way round this?

    Many thanks for any help you can offer me re any of the above.
    Last edited by Vitamin33; 29th November 2022, 17:04:PM.
    Tags: None

  • #2
    Any chance of a few paragraph breaks in that wall of text, please?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Apologies Atticus. I hope it's more digestible now? Thank you

      Comment


      • #4
        Thanks

        Surely you can contact the Post Office with details of account number and copy death certificate, explain you will be applying for probate, and ask them to send you an up to date statement.
        Last edited by atticus; 29th November 2022, 18:01:PM.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Thanks

          Surely you can contact the Post Office with details of account number and copy death certificate, explain you will be applying for probate, and ask them to send you an up to date statement.
          Thank you, Atticus, that's a great idea. I'm driving to Havering tomorrow to register her death (I'm in Eastbourne) so once I have certificate details I will do as you suggest. Cheers

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X