Off topic - intenstacy and inheritance rules ( if anyone might know)

I take it you mean letters of administration? As I was told the last time by the probate office themselves, probate only applies if you have a will.

Even then , although most people do, you do not need to get probate or letters of administration. There is no time limit on that or indeed, sometimes any need to do it at all , as was the case with my other aunt ( different side of the family) and even though the estate has been settled ( to a second wife of my uncle, who also died twenty years ago) no one has applied for probate or letters. It was all dont with death certificates.

I know they didnt apply because I had a caveat sitting on the case at probate which means ( still) no one can get probate or letters , so no one could take the money that was mine. But they did it anyway and the woman has give the house to her granddaughter from a previous marriage.

So it never works out does it?

But I am sure no relatives exist in this case - although one in law ( my sisters husbands brother - broither in law died five years ago) wants a share of what is left. he has no legal entitlement though as far as I am told. I would share it with him but I doubt there will be anything to share.

Thanks anyway.

Reply to
sweetheart
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Don't be silly, the most the lawyers can charge is about 20k

Reply to
The Natural Philosopher

You said (or implied) that there was a sum of money in excess of the taxable limit.

Where does it all go?

tim

Reply to
tim....

which is still 10 times what they will deserve for the work involved

tim

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Reply to
tim....

No, I didnt imply anything. I asked what the taxable limit was because if it was 250K it would be in excess of the taxable limit. But I have since been told the limit is 325K so it is unlikely that the house and money is more than that. In fact my calculations make it about 280/300K , It does depend on what the hosue fetches.

So, it all went, since you ask in what I will actually be allowed to inherit under the rules. After I have paid out for a solicitor there will be very little left to be honest.

Reply to
sweetheart

I spent a year handling one of these that was considerably over the IHT limit. Nothing complicated about it once you've read the literature, mainly just a mass of boring detail. With or without a will, the probate process is painless, and the tax office were pretty helpful. I certainly didn't need a solicitor at any stage.

The only problem I had was that the tax office insisted on 7 years of bank statements, some of which the bank was unable to provide. This led to a great deal of wrangling, but I think we paid more tax as a result of not having the evidence i.e. the burden of proof is on the tax payer.

Worth bearing in mind that things are worth what you would get at auction on the day rather than what they might be worth if you found the right buyer etc. This can make a big difference with furniture, jewelry etc. See what the local house clearance firm would offer you, and submit that as the value. IME they are only interested in financial transactions with a paper trail. With heirlooms etc there is no proof of ownership, and they belong to whoever's pocket they happen to be in at the time :-)

Reply to
stuart noble

There's a better place to ask this question : uk.legal.moderated. There's at least one person there who's done exactly what you need to do quite recently.

The government can't take more than 40%, even if there wasn't an IHT threshold higher than you reckon the estate is worth. As it is, it's looking like about 0%.

If you've got your head on straight and things are simple, no solicitor ought to be fine. You'll need to know about probate/letters of administration, and apparently the relevant government website is very helpful.

(here's a more tricky question : sell the house or keep it for rent?)

Reply to
Clive George

If all is as you say, everything. Even if it were over the threshold, the government only take 40% of what's over, not all of it.

If a solicitor charges 20K, which is a fairly hefty bill, that leaves

280K. That seems like quite a lot to me.
Reply to
Clive George

And the cost of selling the house - then I will pay the charities my sister asked me to give money to - and then what is left will be " mine". I know she didn't leave a will but she did leave me a set of spoken instructions a few years back.

Not quite that simple. So if I get 100K I think I will be doing well. I somehow cant see that happening either. Not that I think that's a small sum, but not that much compared to what started out.

Reply to
sweetheart

How much do you think selling a house costs? I'll be extremely pessimistic here and say another 20K - which it shouldn't be. That leaves 260K.

How much do you reckon you'll be giving to charities?

Reply to
Clive George

Fairness and law have always been strange bedfellows.

Reply to
The Natural Philosopher

Total rubbish. My mothers estate was about 450K, and the lawyers took as much as they could, but it was only £17k or so. They simply are not allowed to take more.

Law society etc etc.

There are 'fair rates' set. Of course, they managed to take the bill to exactly the maximum allowed..and I had to report them to the law society to actually get the money..but there you are. Never make a legal firm an executor.

Reply to
The Natural Philosopher

They carry no legal weight. Thats between you and your conscience.

The house sale will be a few thousand.

You will get 90% of more of the estate value. Stop whining and get talking to lawyers.

Reply to
The Natural Philosopher

"Only"??????

My mother lives in Pennsylvania. The IHT threshold there is $1M, and the rate is 3%.

In my opinion the State isn't entitled to a single solitary penny of estates. They've already been taxed over and over again.

Reply to
Huge

Then this couldn't be more straightforward. I've done 3 or 4 in my time. You don't need a solicitor, and you won't have to deal with the tax people. Just make an appointment with the probate office and take it from there. Believe me, they make it very easy for you. Cheer up

Reply to
stuart noble

Dear Huge.

The state is a self legalising protection racket: It is there historically and in fact because it is slightly better than a whole lot of competing protection rackets (principalities, dukedoms, earldoms etc. etc. etc).

As such, it is not fair, never has been fair, and never will be fair.

'Fair' is just the Left bullshit trying to keep the peasants quiet.

Elections are a negotiation between competing rackets as to who is going to rip you off the least, and do the better job of protecting.

Life is not fair, government is not fair. Anyone who claims it is, or can be, is lying to you.

Get over it.

Reply to
The Natural Philosopher

Argh!!! At the very least get somebody from the local archives around to have a look and gift them anything they want.

JGH

Reply to
jgharston

Oh? well we skipped the lot. Anything with any potential value was ebayed or auctioned.

Or kept as a family memento.

It was barely worth the effort frankly.

Reply to
The Natural Philosopher

If she can't tell the difference between 280K and zero she can give it to me. She'll be no worse off!

Reply to
tim....

freecycle.

You'll be surprised at all sorts of crap that you can get some mug to take away for you

tim

Reply to
tim....

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