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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hello, sorry, I wasn't sure which category to put this under.

Resolved Question:

Hello, sorry, I wasn't sure which category to put this under. My father in law has just passed away and we are trying to sort out his estate etc. In his will, his wife is named as the sole executor. However, she is in a care home and lacks the capacity to be able to deal with anything. What do we need to do to be able to access his bank accounts to pay for funeral expenses and pay off utility bills/credit cards etc. We're in the process of applying to the court of protection to be made deputy for her so as we can sell their house in order now to pay for her care home fees but are unsure what (if anything) we need to do in respect to my father in law.
Many thanks,
Tracy
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

The Probate Registry is permitted to issue the grant of Probate to someone who has been appointed by the Court of Protection to apply for the grant. Therefore, once you have been appointed as Deputy, you can proceed as such.

In the meantime, the funeral directors will appreciate that it takes time for their Bill to be paid, so if you just explain th eposition to them. Most Banks will allow a cheque to be drawn in favour of the funeral directors from any account held by your late father-in-law, before Probate has been issued. You may therefore wish to enquirie about this.

As regards ***** ***** Companies, if you phone them and explain the current position, they will just amend their records, and will be happy for any outstanding invoices to be paid just as soon as you are in a position to do so.

So, you don't need to worry.

I hope this assists you and answers your question.

Kind Regards

AL

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