Problems re probate.

[Dyson62]

My mother passed away just over 2 months ago and my father is the named executor in her will and in the event that my father is deceased I would be the executor.
She had cancer and her death was really expected.
Unfortunately my father was taken into hospital 7 weeks ago and it has been found he has dementia. He could not even attend Mum's funeral.
I retired 8 months ago and sold my house and came back to the area I grew up in and discussed the situation with my father and the plans were for me to live with him long term as I was going to inherit half of the house anyway.
I have been living in my parents house for the last 8 months but as my mother has now passed away in my view it is half mine although I have not been registered on the land certificate yet.
I am just wandering what will be the best way to deal with the situation as my father is very unlikely to be able to act as an executor but he is still alive.
Also as I am not on the land certificate as of now would the council get any rights to sell the house if Dad has to go into care?.

Dyson

[Baldric]

I'm not sure why you're wandering, I'll get back to you
BTW, welcome to AB.

[boxtops]

Not answering your question yet, but is your father of sufficiently sound mind at the moment to grant you powers of attorney? That would help you to manage his affairs while he's in hospital.

I'm sorry to hear of your troubles so soon after your mother has died.

[Dyson62]

Sorry Baldric

I copied that spelling from another thread.
I know now it is wondering and I did not write very much at work.
It is not a word I use very much.
A spell check would be good on this site.

Dyson

[gness]

Was being in hospital the reason your father couldn`t attend the funeral. Could a small service have been carried out in hospital as we did?

[Dyson62]

Hi gness

You are correct.
At the time my father could not understand my mother had passed away. He was shouting etc so we thought it was best he did not attend the funeral.
If he could have understood what was going on I would have arranged a small service at the hospital as well as the funeral.
Oddly my father has not mentioned Mum since being in hospital which is sad.
I may be wrong but I am trying to minimise problems.
People who were at the funeral have visited him but they are not mentioning Mum.

Dyson

[gness]

Ah I see. He couldn`t attend the funeral over two months ago because he was taken into hospital seven weeks ago. Sorry if I`m being a bit dim. Nothing new I hear! Just trying to get all the facts before contemplating your problem.x

[Dyson62]

Hi gness

Mum passed away just over 2 months ago.
It took nearly 3 weeks by the time all the arrangements were made before the funeral could go ahead.
By that time my father had been in hospital for 2 weeks.
Dad is still in hospital and I have got to see the social worker soon.

Dyson

[woofgang]

You will need to get an order from the Court of Protection to deal with your father's affairs including your mother's will. Even if the will has not been executed, the council can't sell the house from under you.
Here's the government link with a lot of basic info. The application costs 400.00.
http://www.direct.gov...someoneelse/DG_176235
Age concern are also helpful
http://www.ageuk.org....on&nation=ageuk_en-GB
I would phone them on monday and get the info from the helpline BEFORE you talk to any social workers and be very careful what you agree to and what you sign.

[tonywiltshire]

Good advice from CP & wg talk to the Court of Protection.

[woofgang]

Clive, to be clear, the Social worker isn't trying to stop the patient getting continuing healthcare as this is funded by the NHS. Its just often less effort for social service to get money out of relatives than it is to get money out of the NHS.

[factor-fiction]

Hello again. I hope you found these answers helpful and are glad that you wandered into AnswerBank. I can't add any more to the replies but I can say don't worry about the one misspelling- in fact you have a very distinctive and clear style of writing.

[gness]

Hi Clive . I am now too confused to add to this thread.

[bednobs]

lol @ "I copied it from another thread"
:)

[factorfiction]

I'm confused now- who's clive?
Has this been resolved now Dyson?