Do I have to advertise my fathers death.

[Boxley]

My father passed away last week after being in a nursing home for over 5 years with dementia.
The only assett is the house and about £14,000 in cash. Social services could not sell the house as I was a joint owner / occupier.
He had a lady friend for about a year and she left him about 2 years before he went into the home as he would not change his will into her favour.
When she heard he was in the home she demanded I hand over the house saying he would have left it to her if he had full capacity. It would have been difficult as I owned half of it.
I just ignored her and she never came back and she was so interested in Dad she never even visited him in the home.
She did however say she would contest the estate when Dad passes away.
I know there can be no valid debts as I have continued to live in the same house and he could not get out of the home to buy anything.
If I advertise Dads death she may try to contest the estate which would cause delay.
Does his death have to be advertised?.

[Mamyalynne]

There is no legal obligation to place an obituary in a publication. So sorry to hear your news, take care.

[boxtops]

No, you don't have to publicise it at all - we didn't when my parents passed away.

[dzug2]

There is no law that says you MUST advertise.

The danger is that if you don't you as executor become personally liable (rather than the estate) for any later debts that come out of the woodwork. Given that you are both executor and beneficiary it would seem unnecessary in your case

[woofgang]

No it doesn't. From what you tell me she would have no basis for any contest anyway. Contesting an estate is not free and if you have given all the facts, its unlikely to be taken on as a no win no fee case. Are you the executor? An executor is personally responsible for covering any entitlement if a long lost relative turns up out of the blue but that doesn't seem to be the case here.

[ummmm]

What a horrible thing to have to think about !! So sorry for your loss x

[boxtops]

^ and, yes, from me too - condolences to you and to the other ABers who have been bereaved lately, and who are concerned about this sort of issue.

[MartinBev58]

Hi Boxley

My father passed away in December and about 15 people thought they were entitled to a share of the estate and 2 distant relatives.
I got about 50 phone calls / visitors at the door but they stopped after about 10 days.

On several occasions I have heard conversations where a house is willed to a son / daughter a woman has thought she should have the fathers house even when the son / daughter already owns half of the house ie the mothers share and in some cases they even occupy the house.

I did hear a conversation once where a mother had passed away and I it was mentioned the house was in probate at that stage and the son was going to inherit half of it.

Another woman jumped in and said if she married the father before the son's name had been registered she would have the right to the house and not the son.

I hope the son had the will under his control or it was with a solicitor at that point.

Martin

[MartinBev58]

Hi Boxley

I assume the LPA or Deputyship was in your favour.


Martin

[Barmaid]

As has been said, you do not have to advertise it. However, under s27 Trustee Act 1925, as a personal representative, you may advertise in the Gazette and a local paper which will give you protection if you distribute the estate 2 months after the the publication and then a creditor comes forward whom you did not know about.

However, this is completely pointless if you are the sole beneficiary since whilst s27 notices protect the executor, they do not protect a beneficiary.

[MartinBev58]

I do not know the answer to this but it could be difficult if a debt comes to light say 2 years after the estate has been distributed and there was more than one beneficiary.
If say 1 beneficiary was easy to trace and the other was not and the estate had been divided in half and the debt is say £100 came to light it would be reasonable for the one beneficiary to say I will pay £50 ie my part but not the other persons half.
Can the easy to trace person be held liable for the total debt?.

Martin

[buildersmate]

I'm afraid I didn't find that last contribution very helpful, Martin. I trust it doesn't further confuse the OP.

[joko]

you could perhaps place the ad in a paper where this woman is unlikely to see it? such as local paper in a different town or something... then if she comes sniffing you can say you did make it public and she had her chance to claim...

[factor-fiction]

I would agree, buildersmate, if it wasn't for the fact that MartinBev58 is also Boxley