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Question on selling in The AnswerBank: Business & Finance
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Question on selling

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catsrcool | 11:05 Sat 30th Jul 2011 | Business & Finance
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My mother is in a nursing home dying from MND. I have power of attorney and was thinking of selling her jewellery to help towards the cost of the funeral. In particular there are two diamond rings which should be quite valuable what is the best way of selling them? The other alternative which I'm trying to find out about is your local council social services paying for the funeral if there is no cash residue in the deceased will. Anyone know anything about it. Thanks in advance.
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The first step should be to get the jewellery valued by a reputable jeweller - there is a small cost involved but you will get a proper valuation of their current worth. The jeweller may also advise you on how best to sell them - sometimes they will buy, I've sold some for a reasonable price based on the value of the precious metal. Alternatively you might better advised to put the items in a specialist auction.
I can't help re the funeral but I will try to find a similar thread from a few weeks ago.
Here's the link I was looking for, you can apply for a grant http://www.direct.gov.../Bereaved/DG_10018660
are you on benefits? you may be entitled to claim a Funeral Grant from the Social Fund.

is the jewellery yours to sell?
While Boxtops' link provides the relevant information about a funeral grant, it doesn't completely answer your question regarding the council paying for a funeral.

If a relative (or, in certain circumstances, someone else) arranges a funeral then, if they meet the criteria outlined in Boxtops' link, they can be paid a funeral grant. However the grant may well not cover the full cost of a most basic funeral, leaving the claimant significantly out of pocket.

However nobody can ever be compelled to arrange a funeral. If nobody will take on responsibility for doing so, the local authority is responsible for arranging, and paying, for the funeral. The authority can then seek to recoup their costs by claiming against the estate but, if there is nothing in the estate, the authority must then bear the full cost. (i.e. they can't claim against a friend or relative of the deceased person, so nobody can be left in debt because of the funeral).

The important thing to note about doing things as in my previous paragraph is that the relatives and friends of the deceased must all decline to arrange the funeral. (That might not be out of ill-will. It could, of course, simply be because nobody has the funds available to them). The local authority will only pay for the funeral under those circumstances. If a friend or relative initiates the arrangements for a funeral (even if it's the most basic available) the local authority can't then take over the arrangements or contribute towards the cost. (The person who made the arrangements will be responsible for paying the bill).

Chris
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Thank you all. In answer to a couple of questions posed here I am on disability allowance. The jewellery is still my mothers property but I have full power of attorney anyway. My mother is not in fit enough state to even consider consulting her first.
Remember that with Power of Attorney you must do what is in your mother's best interests - NOT what is in your best interests

Can be quite difficult to decide on occasion.
if it is disability living allowance, it's very unlikely to entitle you to a funeral grant, as it is not means tested.
Who will the jewellery belong to in the will? Perhaps a rather indelicate question here, but how long is your mother expected to live for? you say she s "dying" but aren't we all? It would seem a bit odd to me (and perhaps the people who regulate the POA's?) that you want to sell assets for a funeral in advance of the person dying
Question Author
bednobs I inherit everything in her estate. She has passed the neurologist's estimated survival time of 2.5 years by 6 months she is now very weak I don't expect her to be alive this xmas.
in which case, i don't think you can sell the jewellery now in anticipation of a funeral that may or may not happen at some unspecified point in the future - it would be stretching it to say selling them now is in her best interests, as they will belong to you after she has died (and her estaste) there will be time then. Noone knows the future - you might die before she does!
I don't know how long you have held the EPOA but there is a newer version is Lasting Power of Attorney. http://tinyurl.com/3jlvkmv

There are further legal requirements to follow. Once the person has deceased the LPOA is complete, your job is over as far as that goes and the Will comes into force immediately. I personally wouldn't sell anything at this stage. It wouldnt be right.
There is also this I read earlier in The Telegraph. http://tinyurl.com/3jlvkmv regarding help with funeral costs that seem to be another thing the government are tightening up on.
I hope your Mother is comfortable.

DD

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