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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Would like to talk to a lawyer on the phone about probate

Customer Question

would like to talk to a lawyer on the phone about probate and iht
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
*********** Peter shears
Expert:  Clare replied 2 years ago.
HiThank you for your questionIt would be helpful if you could outline the problem so that I can be sure that I can help you
Customer: replied 2 years ago.
my mothers will has gone to probate and I am a joint beneficery with my brother and he had power of attouney whilst my mother was alive, I have concerns over his conduct also I thin money has gone missing also he used her money for him self and not her benefit also I am concerned over the IHT being paid when Ihave concerns over the carry forward over form my father when he died 20 yesrs ago. and some general direction so I dont make a fool of my self with the solicitors when asking a couple of questions ***********
Customer: replied 2 years ago.
Have you received my further details as I am not sure if I have sent it correctly
Customer: replied 2 years ago.
Are you able to phone me?? ***********
Expert:  Clare replied 2 years ago.
My apologies for the delay.
For clarity before I call you what is the value of the Estate and what is your concern about Inheritance Tax
Clare
Customer: replied 2 years ago.
My father died on the 2nd day Oct 1995 the probate was granted on the 20th November 1995
The gross value of the estate does not exceed £145.000 and the net valve of the estate does not exceed £100,000. every thing was left to his wife.
With in 18 months of his death my mother on my fathers behalf did a deed of varification which she purchased two policies for a total of £70,000 for the grand children which would be paid out on her death. this I understand would take up some of his IHT allowance but this would be offset against todays allowance of £325,000 My mmothers estate has been valued at £418996.17 IHT £26,029.60
Less ADMIN costs £8266.57,Cash to the church £10,000 leaving £374699.88 the house to my brother £325,000 Balance £49.699.86 shared between my brother and I ie about £25,000 each approx
Expert:  Clare replied 2 years ago.
Which part of that do you wish to challenge?
Customer: replied 2 years ago.
Can the solicitor carry over part of the unused IHT from my fathers estate to my mothers estate/
Expert:  Clare replied 2 years ago.
Yes it can be - from what you have said more than50% o t he allowance would still be available - is there any evidence that it was used?
Customer: replied 2 years ago.
how can I find out what has been used I only have details from the probate office
Expert:  Clare replied 2 years ago.
Have you received any estate accounts?
Customer: replied 2 years ago.
not on my fathers estate he passed away oct 1995 and as previously stated on the pased e mail the probte office confirmed that the gross value did not exceed £145,000 and the net estate did not exceed £100,00
Customer: replied 2 years ago.
my brother has been left my mothers home which has been rented out since July 2012 when my mother passed away in June 2015 when would the rent not go into the estate but to my brother .Would it be when she passed away, when probate granted, if I wanted to challenge my brother conduct when he had LPA. Could I still be entitled to half of the rent??
Customer: replied 2 years ago.
I have a copy of my mothers interim estate accounts which I prevously sent you the details have you got them??
Expert:  Clare replied 2 years ago.
Is your brother the Executor of the Will?
Customer: replied 2 years ago.
my brother is an exector of the will with the firm of solicitors.He alos was the only power of attorney and then he registered the LPA when my mother had been in the nursing home from May 2012 the registration was in September 2012
Expert:  Clare replied 2 years ago.
Do you have any reason to think his misappropriated any funds before your mother died?
Customer: replied 2 years ago.
Yes ,with the paperwork he sent me from the lasting power of attorney date of registration ,it showed
he had invested in a bond in his name power of atturnay for my mother, he paid him self £1500 for medical treatment a year after sh was in the home . he set up and rented her house out whilst she was in the home and sold her furniture.he transsfered money into a business which is jointly owned with his wife for a short perios. over three years he paid him self,his wife,and two children birthday and christmas monies of up to £100. each.during this time he did not write any monies to my wife and my self or children which I think he was treating my family different to his. In the past 20 years we have received presents and money from mother.A year after being the home he billed my mother £500.00 from his and his wifes company for two days work, Thee was no descripion what this was for.
In 2009 when my mother was in good health she bought him a mercedes car worth £40,000 and double glazing for £11,000 so he knew he had been well looked after.I believe he is trying to not give me the 12 months statements prior to the registered power in September 2012 because when she was in a vonverable position prior to going into the home in May 2012 spent about £40,000 of her money.
In the will he knew he was receiving the house soley which is worth £325,000.
Expert:  Clare replied 2 years ago.
I see.I have to ask - were all the nursing home fees paid properly?
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.
Hi
has your brother used a solicitor to help with probate?
Clare
Customer: replied 2 years ago.
as per reply on the 16 th 12.25 yes the firm of solicitors were joint solicitors
Expert:  Clare replied 1 year ago.
My apologies you had indeed told me and I had overlooked itThere are two issues here.the first is the Inheritance Tax point which appears to be validYou should write to the solicitor and raise the issue - at least 50% of your father's allowance should be available based on what you have said.With regard to the issue of your brother's conduct prior to your mother's death this is something that you can still report to the Court of Protection for misuse of the power of attorney.please ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks for your reply. the solicitors calculations of the amount of IHT to be paid (ie @26,000.00 is short on my mothers estate alone, so I think there has been some carry forward of about £4,000.00)If I ask the solicitors for a copy of the IHT400 form and suppliment pages then this would give me
the clearer picture of the history of how they have arrived at mum's calculation.
However can they refuse to give this to me. Can I insist as this as this is the only way I will be able to clarify If my brother has declared any monies that he has been given to him by my mother also
that he has paid/ taken from my mother's estate during the last 4 years of her life when he was using an EPA and LPA when she had dementior .
I am aware in 2009 my mother gave him a car and double glazing worth over £50,000.00 which in it's self is fine but he should have declared it because it was in the last 7 years and given in one year.
The other point I believe that there is misssing other monies of about £40,000 possibly during her debenture years which is why this is importment.
Customer: replied 1 year ago.
My mother had three rings these were left in her will to my brothers wife and daughter and one wedding ring to my wife.
She had these rings when she was in her house, then my brother took her to the nursing home and cleared out her house contents.
When she was in the nursing home we saw the rings on her fingers.
The Nursing home said that are not responsable for jewlery and they should be insured by my mother.
There was building and contents insurance during this period as my brother let out her property.How ever when we received the statement of her probate will from the solicitors all three rings we missing.Can we hold my brother responsable to compensate my wife as he was in charge of my mothers estate and wishes and he controlled these rings when she was in her property and when she went in the home we saw her wearing the rings.
Expert:  Clare replied 1 year ago.
Hi
I am afraid that you cannot ask to see the IHT400 form as you have no right to do so
All you can do is write and ask if these issues were taken into account
How dod you know that the rings are missing?
Clare
Customer: replied 1 year ago.
When I was sent the statement showing my mothers estate worth against the rings were missing
Customer: replied 1 year ago.
Just to clarify my reply, when I received the probate Estate's accounts from the solicitors, on this document it stated that my mother's three rings 'could not be located' according to the information provided by my brother to the solicitor, who was her Attorney under the Power of Attorney and then subsequently the Lasting Power of Attorney. He cleared out all my mother's possessions from her property when she entered the nursing home with vascular dementia. He had complete authority over her financial and medical wellbeing (including her possessions) before and after she entered the nursing home. My wife and I saw the rings in her own home and during her stay in the nursing home.
I have spoken to the manager of the nursing home who advised me that any rings and valuables are the responsibility of the patient and/or their guardian and they should have insurance to cover.
It is not clear whether my brother and the nursing home made an inventory of the said items when she first entered the home, they also advised me that the undertakers might have taken them away but there was no exit inventory completed. They said that the responsibility lies with my brother as he was her guardian and Attorney for the LPA.
Expert:  Clare replied 1 year ago.
How much were the rings worth and how when were they last seen (in relation to when she died)
Customer: replied 1 year ago.
My mother died in june 2015 but I only found out that the ring was being left to my wife after I saw the will in August. I only saw on the Statement for probate in the last couple of weeks when it was stated all three rings could not be located. The three rings ie:- two wedding rings and the engagement rings could not be located on the statement. The two other recipants are my brother's
wife and daughter. The wedding ring was bought in 1948 its worth what a wedding ring is worth £300.00 approx I was not aware of the weight or 18/24 grading.
The last time I saw the ring would have been when she was in the nursing home in 2013/4 but there is grear sentimental value.. my mother had a buildings and contents policy when she was in the nursing home and my brother was responsible for the insurance which she paid out of the letting of the property and my brother was power of atturney.
Expert:  Clare replied 1 year ago.
You can certainly ask the solicitor if a claim was made in respect to the rings - and if not why not
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply and I will be contacting the solicitor to enquire if a claim was made in respect of the missing rings either again an insurance policy or the nursing home.Moving on from that, if as has been stated in the probate statement that the rings could not be located are the executors or the estate duty bound to compensate the value of the rings to the beneficiaries of the missing rings? We are being advised by my brother (one of the executors with the solicitor as the other executor) that any specific item in a will missing at the time of death cannot be compensated - is this legally correct?My brother as next of kin to my mother, also her attorney under the Lasting Power of Attorney for financial and medical, has signed and stated that the rings were 'unlocated' at the time of death.
Unlocated does not necessarily mean to say these rings are 'missing' for ever and what would happen if they were to be 'discovered' at a later date? Can I request of him and the solicitor to swear that if the rings were located that my wife's ring would be forwarded on to her, and would this have an affect on inheritance tax which would have to be paid?May I wish you a Happy New Year.
Peter
Expert:  Clare replied 1 year ago.
I am afraid that no compensation is payable instead of the rings - but if they are ever found they have to be passed on to the new owners - which should not change the Inheritance Tax position
Customer: replied 1 year ago.
My brother who was nominated by my mother to be her attorney for her Health & Welfare LPA (drawn up in 2010) and a Financial & Property Lasting Power of Attorney (drawn up in 2012), in being appointed as such would he have had to be shown my mother's will upon the implementation of the LPAs in order to carry out her wishes as stated in her will. Her will was dated 2008 and he was
appointed together with a firm of solicitors as executor.
Expert:  Clare replied 1 year ago.
No there would have been no reason for him to see the Will at that point