Property clearance - intermeddling?

[leela]

My mother died in a council extra care facility. Her small flat had to be cleared within a week, as required by the council, and as her next of kin (and knowing that we were the beneficiaries of her will) , we asked a house clearing company to clear it, as there was nothing of any real value in it. My mum had been bed bound for some time, and she had no possessions worth saving. Most had been disposed of during the 15 years she had been in care.

At the time we were not executors. But since then, the executors have renounced, and it looks as though I am the only person who could become the personal representative. But I want to walk away from what has turned out to be an insolvent estate. It has been confirmed that other actions that I took do not constitute intermeddling, but I now discover that disposing of property (I presume property in this case means things that belonged to her, and not property as in a home?) could be an issue.

As we weren't executors at the time and acted under pressure from the council, does clearing her room still count as intermeddling?

[PallasAthena]

I don't believe intermeddling is relevant here.

Intermeddling can prevent someone named in the Will as an Executor in the Will from renouncing the role. But you are not an Executor named in the Will. Nor do you wish to become an Executor. Nothing can force you to to become the Executor/Personal Representative if you do not want to do it.

[leela]

Sorry, my error. The wording is disposal of possessions, not property. Which we did as next of kin, not executors, and paid for rather than benefited from.

[leela]

Thank you PallasAthena . I've had a first interview with a solicitor, but the disposal of possessions didn't come up. So your opinion is helpful.

He has suggested that I get counsel's opinion before deciding what to do (there's a property that was owned as joint tenants, which could be contentious with regard to mum's debts) but it's good to feel fairly confident that I have choices.

[PallasAthena]

To be clear, my comment assumes you do not wish to be Executor/Personal Representative. If you are considering becoming the E/PR then I agree with your solicitor that you need to take professional advice.

[atticus]

I do not think you need Counsel's opinion on this.

If you have not benefited from the disposal of goods, and if the items disposed of had no worthwhile value, there is nothing for which you need to account financially to the estate and whoever ends up administering it, if anyone.

Your mother's interest in the property owned as joint tenants transferred automatically to the other joint tenant(s) on her death, and is beyond creditors' reach.

[leela]

Thank you atticus.
Unfortunately I have been told by several lawyers that the main creditor is likely and able to come after at least half of the value of the two jointly owned properties, despite them having reverted to the other party by survivorship. The debt is huge (hundreds of thousands) and highly unlikely to be forgiven.

[atticus]

Well, the new information about the size of the debt changes things in that the amounts concerned are such that the creditor will want to explore what it can do.