Dads estate and probate (help needed)

[fairy dust 49]

Hi every one ,I need a bit of advice regarding my dads probate and the savings he has in his bank accounts.
My dad passed away the 16th September this year ,he had no will so it is all in the hands of 2 solicitors ,my question is my dad has got savings over 28k in a bank account also he has 3 premium bonds.Now should I declare this to the DWP as he was in receipt of state pension and I think also income support .I have read on google that the DWP can later in the year request back over payments due to the departed not declaring any savings over the limited amount.Thanks in advance...

[enaid]

Re: Dads estate and probate (help needed)

Hi Fairy dust,
Sorry for your loss.
Yes it is true DWP can and will reclaim any over payments from the estate.
If solicitors are dealing with this they should have everything in hand, are you sure your dad was in receipt of Income Support and not Pension Credit?

[fairy dust 49]

Re: Dads estate and probate (help needed)

Thank Enaid ,I think it may have just been state pension he also has 3 or 4 different accounts with the same bank ,but it all totals to over 28k .I had my probate solicitor dealing with the probate but now my brother and sister have got a solicitor to deal with the estate and theirs has all ready got the courts right of probate and also accusing me of having more money in the house belonging to my dad which is total fabrication..

[enaid]

Re: Dads estate and probate (help needed)

If he wasn't claiming any income based benefits then his savings are irrelevant.
These are the rules when dealing with an estate when there was no will https://www.gov.uk/wills-probate-inh...t-leave-a-will.
From what you say although am not sure, looks like your siblings are dealing with this.
What you do not need is 2 solicitors dealing with the same matter.
Seems you have a conflict with your family and although not nice at any time, often is the case when a relation passes and the estate has to be dealt with.
I think you need to get together,as stated the estate should be divided by the children where there is no wife or partner and falling out now will cause more stress and possibly line the solicitors pocket even further if you were to go down the fraud route.

[fairy dust 49]

Re: Dads estate and probate (help needed)

Thanks again Enaid ,I have had a solicitor working on my dads estate since the 2nd October and I was made the administrator ,but last Friday I received a call from another solicitor working on behalf of my brother and sister telling me that they were now the administrator`s and also even though I had a letter from my solicitor giving me permission to sell my dads car and the proceeds to be added to the state ,their solicitor told me I could not sell my dads car as I did not have my siblings permission .Neither of my siblings bothered to visit my dad when he was ill and also only seen him at least 4 times a year ,yet I was with him every day .

[des8]

Re: Dads estate and probate (help needed)

What on earth was your solicitor doing ?
You instructed him back in October .
In view of the known problems with your siblings he should IMO at least lodged a caveat to prevent them obtain a grant of representation without your knowledge.

Crossed with your post Fairydust.
If you were given the grant check with the court regarding this claim from another solicitor.

[fairy dust 49]

Re: Dads estate and probate (help needed)

Last Friday after I received the call from their solicitor I sent mine a email telling him what had happened and requested him to call me asap on Monday morning .I am still waiting to receive a call from him ,I feel now that I am left in the dark and don`t seem to have any rights regarding my fathers affairs even though I was his full time carer.

[des8]

Re: Dads estate and probate (help needed)

You can find who has been given a grant of representation online here: https://www.gov.uk/search-will-probate

[fairy dust 49]

Re: Dads estate and probate (help needed)

Grant was given 2nd December ,grant only ,registry Manchester .

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Does not give name of who it was granted to ..

[enaid]

Re: Dads estate and probate (help needed)

I think you need to pay a small fee to see the full thing

[fairy dust 49]

Re: Dads estate and probate (help needed)

My siblings solicitor told me last Friday she all ready had the grant and my solicitor could not request it ...

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I am not concerned about the money it is the principle that they never bothered with my dad ,but yet they want all the glory as if it is their right to take over...

[enaid]

Re: Dads estate and probate (help needed)

My siblings solicitor told me last Friday she all ready had the grant and my solicitor could not request it ...

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I am not concerned about the money it is the principle that they never bothered with my dad ,but yet they want all the glory as if it is their right to take over...

I know and being a carer is the hardest thing in the world and to feel now at the end someone who didn't seem to care steps in and runs the show.
Human nature I am afraid and sadly often the end of someone's life is the only time they come on the scene.
As you say the money is not the issue, although you are fully entitled to your fair share.
If needs be let them take the flak and the glory , you were the one who cared and can hold your head up high, but as des says you need to find out just where and what your solicitor did and the charge for that and to make sure it comes from the estate and not you.

[fairy dust 49]

Re: Dads estate and probate (help needed)

Well my siblings are saying that my dad bought my car (no he did not ) my dad bought his recliner chair whilst on a computer in hospital whilst he was seriously ill (haha nope) that is on my bank statement ,also they are saying I did not pay towards his funeral which he had prearranged that payment is also on my bank statement to which I have given to my solicitor.They are trying everything in the book to go against me .But as you said I can hold my head up high as I looked after my dad out of love not for what he has in the bank ,I wish now that he had given it all away to charity .When I got his road tax back last month £120 due to his car only being taxed the 1st September, I seen a story on Jeremy Kyle show about little girl who lost all four limbs to meningitis ,family from Liverpool I found out their address and took £100 to her mum to be added to a collection for new prosthetics .They have a fund on FB called Ambers fund ,I did not want to keep the money and I know my dad would be proud of me for that as he all ways donated to Alder Hey Childrens Hospital..

[des8]

Re: Dads estate and probate (help needed)

In your earlier thread 0n 13th October you posted:
"I scanned the solicitors letter stating that the late Mr xcc`s estate is going through probate "
Unless your solicitor has been dragging her feet I cannot see how she did not have you appointed administrator.
The concern is that you (and she) have been settling your father's estate without authority.
IMO she possibly has questions to answer.

Also you stated in your first post: " my dad wanted a pre-arranged funeral which he paid for".
You are now suggesting you contributed to the cost as is shown on your bank statement.
Please don't get confusing when discussing it with others!

[fairy dust 49]

Re: Dads estate and probate (help needed)

Yes my solicitor did appoint me administrator but he also informed my siblings of this and they got their own solicitor ,so each solicitor was in contact with each other .But now and I don`t know why my brother and sister have got a new solicitor involved .As for my dads funeral he had a pre arranged asked me to take his money to pay for it which he had £3,300.00 in his bed room in cash ,when I went to the funeral parlour to pay the total charge for the funeral it was £3,875.00 so I paid £475.00 on my debit card which was the difference and I never asked my dad for that payment .There is £175.00 to be returned from the funeral parlour because my sister requested a post mortem even though my dad past away of natural causes ,so the £175 is the Drs fee that is to be returned .