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Estate Distribution After Death
Summary
In England, if no will is found, the estate is distributed according to intestacy rules. The spouse inherits the first £270,000 and personal possessions, with the remainder divided between the spouse and children. To proceed with probate, apply for a Grant of Letters of Administration, gather estate details, pay inheritance tax, and distribute assets. If the house is in the mums name, it forms part of her assets. Next of kin responsibilities include medical decisions, financial management, and legal matters. If no Lasting Power of Attorney exists, apply for Deputyship. Deputyship application costs include an application fee of £371, an assessment fee of £100, and an annual supervision fee. Confirm any existing Deputyship with the Office of the Public Guardian to avoid unnecessary applications.Full Conversation
Mum has Alzheimer's and is living in a care home, dad has recently died but was living in their own home. What happens now?
I'm sorry to hear about your loss. To provide accurate information, could you please tell me if there is a will, and if so, who is named as the executor?
We haven't found a will
I'm sorry for your loss. In the absence of a will, the estate will be distributed according to the rules of intestacy in England.
- The spouse or civil partner inherits the first £*,* of the estate and all personal possessions.
- The remainder is divided equally between the spouse and the children.
Do you need more details on how to proceed with the probate process?
- The spouse or civil partner inherits the first £*,* of the estate and all personal possessions.
- The remainder is divided equally between the spouse and the children.
Do you need more details on how to proceed with the probate process?
yes please
Sure, ****. Here are the steps to proceed with the probate process in the absence of a will:
- Apply to the Probate Registry for a Grant of Letters of Administration.
- Gather details of the estate's assets and debts.
- Pay any inheritance tax due.
- Distribute the estate according to the rules of intestacy.
Would you like more information on any of these steps?
- Apply to the Probate Registry for a Grant of Letters of Administration.
- Gather details of the estate's assets and debts.
- Pay any inheritance tax due.
- Distribute the estate according to the rules of intestacy.
Would you like more information on any of these steps?
how do we distribute the estate if mum is living in a care home
To distribute the estate while your mum is in a care home, follow these steps:
- **Apply for a Grant of Letters of Administration.**
- **Settle any debts and inheritance tax.**
- **Determine the estate's value.**
- **Distribute assets:** Mum inherits the first £*,* and personal belongings. The remainder is divided equally between mum and the children.
Would you like more details on any specific step?
- **Apply for a Grant of Letters of Administration.**
- **Settle any debts and inheritance tax.**
- **Determine the estate's value.**
- **Distribute assets:** Mum inherits the first £*,* and personal belongings. The remainder is divided equally between mum and the children.
Would you like more details on any specific step?
Do we have to sell their home?
Hi ****,
Whether you need to sell the home depends on various factors:
- If the estate's value is below £*,*, and there are sufficient other assets to cover debts and inheritance tax, you may not need to sell the home.
- If the estate's value exceeds £*,*, and there are not enough liquid assets to pay the debts and distribute the estate, selling the home may be necessary.
Would you like more specific guidance on valuing the estate or handling the home?
Whether you need to sell the home depends on various factors:
- If the estate's value is below £*,*, and there are sufficient other assets to cover debts and inheritance tax, you may not need to sell the home.
- If the estate's value exceeds £*,*, and there are not enough liquid assets to pay the debts and distribute the estate, selling the home may be necessary.
Would you like more specific guidance on valuing the estate or handling the home?
The house is mums name
Hi ****,
Since the house is in your mum's name, it forms part of her assets. Here are the key points:
- **Determine estate value:** Include the house value and other assets.
- **Care home fees:** Check if the house might be considered for care home fee assessments.
- **Distribution:** Her estate (including the house) will be distributed according to intestacy rules.
Would you like more details on handling care home fees or valuing the estate?
Since the house is in your mum's name, it forms part of her assets. Here are the key points:
- **Determine estate value:** Include the house value and other assets.
- **Care home fees:** Check if the house might be considered for care home fee assessments.
- **Distribution:** Her estate (including the house) will be distributed according to intestacy rules.
Would you like more details on handling care home fees or valuing the estate?
How do we find out if the house is in mums name?
Hi ****,
To find out if the house is in your mum's name, follow these steps:
- **Land Registry Search:** Check the Land Registry for property ownership details.
- **Documents:** Look for property deeds or mortgage documents.
- **Solicitor:** Consult a solicitor to assist in confirming ownership.
Would you like more information on conducting a Land Registry search?
To find out if the house is in your mum's name, follow these steps:
- **Land Registry Search:** Check the Land Registry for property ownership details.
- **Documents:** Look for property deeds or mortgage documents.
- **Solicitor:** Consult a solicitor to assist in confirming ownership.
Would you like more information on conducting a Land Registry search?
who in mums next of kin now that dad has died?
Hi ****,
In the context of next of kin in England, your mum's next of kin would typically be her children now that your dad has died. This means you and any other siblings are considered her next of kin.
Would you like more details on any specific legal responsibilities or processes related to this?
In the context of next of kin in England, your mum's next of kin would typically be her children now that your dad has died. This means you and any other siblings are considered her next of kin.
Would you like more details on any specific legal responsibilities or processes related to this?
yes
Hi ****,
Your responsibilities as next of kin may include:
- **Medical Decisions:** You may need to make medical decisions if your mum cannot do so herself.
- **Financial Management:** Managing your mum's finances, including care home fees.
- **Legal Matters:** Acting on her behalf in legal and estate matters.
Would you like more details on any of these responsibilities?
Your responsibilities as next of kin may include:
- **Medical Decisions:** You may need to make medical decisions if your mum cannot do so herself.
- **Financial Management:** Managing your mum's finances, including care home fees.
- **Legal Matters:** Acting on her behalf in legal and estate matters.
Would you like more details on any of these responsibilities?
yes
Hi ****,
Here are more details on your responsibilities as next of kin:
- **Medical Decisions:** You may need a Lasting Power of Attorney (LPA) for health and welfare to make decisions about your mum's medical care.
- **Financial Management:** An LPA for property and financial affairs allows you to manage her finances, including paying care home fees.
- **Legal Matters:** You may need to apply for Deputyship through the Court of Protection if no LPA is in place.
Would you like more information on setting up a Lasting Power of Attorney or applying for Deputyship?
Here are more details on your responsibilities as next of kin:
- **Medical Decisions:** You may need a Lasting Power of Attorney (LPA) for health and welfare to make decisions about your mum's medical care.
- **Financial Management:** An LPA for property and financial affairs allows you to manage her finances, including paying care home fees.
- **Legal Matters:** You may need to apply for Deputyship through the Court of Protection if no LPA is in place.
Would you like more information on setting up a Lasting Power of Attorney or applying for Deputyship?
yes
Hi ****,
Here’s how you can proceed:
- **Lasting Power of Attorney (LPA):**
- Apply for an LPA for health and welfare to make medical decisions.
- Apply for an LPA for property and financial affairs to manage her finances.
- **Deputyship:**
- If no LPA is in place, apply to the Court of Protection for Deputyship.
Would you like detailed guidance on setting up an LPA or the Deputyship application process?
Here’s how you can proceed:
- **Lasting Power of Attorney (LPA):**
- Apply for an LPA for health and welfare to make medical decisions.
- Apply for an LPA for property and financial affairs to manage her finances.
- **Deputyship:**
- If no LPA is in place, apply to the Court of Protection for Deputyship.
Would you like detailed guidance on setting up an LPA or the Deputyship application process?
How much will the deputyship application cost us?
Hi ****,
Applying for Deputyship through the Court of Protection in England involves the following costs:
- **Application Fee:** £*
- **Assessment Fee (if applicable):** £*
- **Annual Supervision Fee:** £* (for general supervision) or £* (for minimal supervision)
Would you like more details on the application process?
Applying for Deputyship through the Court of Protection in England involves the following costs:
- **Application Fee:** £*
- **Assessment Fee (if applicable):** £*
- **Annual Supervision Fee:** £* (for general supervision) or £* (for minimal supervision)
Would you like more details on the application process?
yes please
Hi ****,
Deputyship Application Process:
*. **Complete Forms:** Fill out the necessary forms (COP1, COP1A, COP1B, and COP3) available on the Gov.uk website.
*. **Submit Application:** Send the completed forms and fees to the Court of Protection.
*. **Notification:** Inform relevant parties about the application.
*. **Court Decision:** Await the court's decision.
Would you like more details on any specific form or step?
*. **Complete Forms:** Fill out the necessary forms (COP1, COP1A, COP1B, and COP3) available on the Gov.uk website.
*. **Submit Application:** Send the completed forms and fees to the Court of Protection.
*. **Notification:** Inform relevant parties about the application.
*. **Court Decision:** Await the court's decision.
Would you like more details on any specific form or step?
Dad has passed away I don't know if he had an lpa for our mum who has dementia
Hi ****,
To find out if your dad had an LPA for your mum, you can:
- **Check with the Office of the Public Guardian (OPG):** They can confirm if an LPA was registered.
- **Look for Documents:** Search for any LPA documents among your dad's papers.
Would you like more details on contacting the OPG or searching for documents?
To find out if your dad had an LPA for your mum, you can:
- **Check with the Office of the Public Guardian (OPG):** They can confirm if an LPA was registered.
- **Look for Documents:** Search for any LPA documents among your dad's papers.
Would you like more details on contacting the OPG or searching for documents?
yes
Hi ****,
To determine if your dad had an LPA for your mum, follow these steps:
- **Office of the Public Guardian (OPG):** Contact the OPG at * * * or visit www.gov.uk to check if an LPA was registered.
- **Search Documents:** Look through your dad's papers for any LPA documents.
Would you like more details on contacting the OPG?
To determine if your dad had an LPA for your mum, follow these steps:
- **Office of the Public Guardian (OPG):** Contact the OPG at * * * or visit www.gov.uk to check if an LPA was registered.
- **Search Documents:** Look through your dad's papers for any LPA documents.
Would you like more details on contacting the OPG?
dad had lpa for mum but he's passed away
Hi ****,
Since your dad had an LPA for your mum but has passed away, you’ll need to apply for Deputyship through the Court of Protection. Here’s a brief overview:
- **Complete Forms (COP1, COP1A, COP1B, COP3)**
- **Submit Application with Fees**
- **Inform Relevant Parties**
- **Await Court Decision**
Would you like more details on any specific form or step?
Since your dad had an LPA for your mum but has passed away, you’ll need to apply for Deputyship through the Court of Protection. Here’s a brief overview:
- **Complete Forms (COP1, COP1A, COP1B, COP3)**
- **Submit Application with Fees**
- **Inform Relevant Parties**
- **Await Court Decision**
Would you like more details on any specific form or step?
what happens if we apply for deputyship for our mum but she already has one
Hi ****,
If you apply for Deputyship for your mum but she already has one, the Court of Protection will typically reject the application. Here's what you can do:
- **Check Existing Deputyship:** Confirm the details of the existing Deputyship with the Office of the Public Guardian (OPG).
- **Contact OPG:** Discuss any changes or additional deputies needed.
Would you like more details on contacting the OPG?
If you apply for Deputyship for your mum but she already has one, the Court of Protection will typically reject the application. Here's what you can do:
- **Check Existing Deputyship:** Confirm the details of the existing Deputyship with the Office of the Public Guardian (OPG).
- **Contact OPG:** Discuss any changes or additional deputies needed.
Would you like more details on contacting the OPG?
will we get our money back?
Hi ****,
If you apply for Deputyship and your mum already has one, you may not receive a refund for the application fees. It's important to confirm any existing Deputyship with the Office of the Public Guardian (OPG) before applying.
Would you like more details on confirming an existing Deputyship with the OPG?
If you apply for Deputyship and your mum already has one, you may not receive a refund for the application fees. It's important to confirm any existing Deputyship with the Office of the Public Guardian (OPG) before applying.
Would you like more details on confirming an existing Deputyship with the OPG?
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