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Dealing with my late father's estate

Dealing with my late father's estate

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Old Sep 10th 2019, 8:54 pm
  #1  
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Default Dealing with my late father's estate

My father passed away while at home in the UK last year after a sudden brief illness. He left my siblings and I his Spanish estate (an apartment in a golf resort called Condado de Alhama) and I have been attempting to navigate the Spanish legal system. I used the lawyer that dealt with the original purchase whom my father had used for all his Spanish legal affairs, including his Spanish will. The process was pretty slow but by granting power of attorney we managed to do everything without needing to visit Spain. So far so good.

During this time I have been transferring funds into my fathers bank account in the hope that all the regular bills which were setup to be paid by direct debit would continue to be paid. I was left a spreadsheet detailing what these should be so I'm guessing I wasn't too far off - unfortunately I never had access to the account that I could actually check. When probate was granted the solicitor asked if we could go to Spain to open a joint bank account but both my brother and sister have recently had babies making this impossible. I suggested that an account in only my name might suffice. The lawyer asked for some paperwork which I provided and I was under the impression that this could be done on my behalf. Unfortunately, I heard nothing further. The lawyer is now proving difficult to get hold of and I have just discovered that the utilities have been cut-off, presumably due to non payment. What do I do now?!

How do I get the utilities restored?
Can I setup a Spanish bank account without travelling and without having to involve the lawyer? I do now have an NIE number.
Can I pay bills using a UK bank account, or perhaps a TransferWise multi-currency account?

If you are still reading, thank you bearing with me! Of course, I don't expect legal advice on this forum but a friendly pointer in the right direction would be very much appreciated.
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Old Sep 10th 2019, 9:00 pm
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Default Re: Dealing with my late father's estate

So sorry to hear of your loss and the difficulties that this is causing you and your siblings. I think that we have a few members who have been through similar trials so I am hopeful that someone will be able to provide you with some guidance on a way forward.

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Old Sep 11th 2019, 10:38 am
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Originally Posted by TooYoungForThis
My father passed away while at home in the UK last year after a sudden brief illness. He left my siblings and I his Spanish estate (an apartment in a golf resort called Condado de Alhama) and I have been attempting to navigate the Spanish legal system. I used the lawyer that dealt with the original purchase whom my father had used for all his Spanish legal affairs, including his Spanish will. The process was pretty slow but by granting power of attorney we managed to do everything without needing to visit Spain. So far so good.

During this time I have been transferring funds into my fathers bank account in the hope that all the regular bills which were setup to be paid by direct debit would continue to be paid. I was left a spreadsheet detailing what these should be so I'm guessing I wasn't too far off - unfortunately I never had access to the account that I could actually check. When probate was granted the solicitor asked if we could go to Spain to open a joint bank account but both my brother and sister have recently had babies making this impossible. I suggested that an account in only my name might suffice. The lawyer asked for some paperwork which I provided and I was under the impression that this could be done on my behalf. Unfortunately, I heard nothing further. The lawyer is now proving difficult to get hold of and I have just discovered that the utilities have been cut-off, presumably due to non payment. What do I do now?!

How do I get the utilities restored?
Can I setup a Spanish bank account without travelling and without having to involve the lawyer? I do now have an NIE number.
Can I pay bills using a UK bank account, or perhaps a TransferWise multi-currency account?

If you are still reading, thank you bearing with me! Of course, I don't expect legal advice on this forum but a friendly pointer in the right direction would be very much appreciated.
Sorry to read about your situation and it is never easy to deal with this. It is unfortunately the case that a bank account will be frozen after death which makes paying utility bills impossible. I would try and ask the bank of your Father if they could help. Write to them directly at his branch addressed to the manager. Try Santander Bank as they may let you open an account in the UK that can be transferable to here and no you cannot pay bills from the UK. Can you find out which utility bills are owed money and write to them too? Its probably electricity, IBI and might be gas. Do you intend to keep the property? if so you should not need a lawyer. Get on to the internet and Google all of this as there are bound to be people who have dealt with this before. Good luck and let us know how you get on.
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Old Sep 11th 2019, 2:14 pm
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Default Re: Dealing with my late father's estate

So sorry to hear about your loss.You could ask the local town hall and the President of the Community where your father's house is, for advice. They may well be wondering why bills are not getting paid. As you have an NIE, you could open a non-resident account in the same bank as your father. If your dad had any friends on the complex they may be able to direct you. You really need good advice. But a UK lawyer, who is used to overseas property issues could give you and your siblings a consultation for starters. Also gov.uk/livinginspain has lots of advice and guidance. Good luck in this minefield. Let us know what is happening as you go through this complex journey. Also the will should state who the executor is. It is something many of us will face.
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Old Sep 16th 2019, 4:34 pm
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Default Re: Dealing with my late father's estate

Many thanks for the replies so far - all very helpful. I'll keep you posted.
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