Fair Deal/Nursing Homes How long does probate take? I have 7 months to repay Fair Deal/Nursing Home loan.

Itgirl73

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I am the executor of a widower in fair deal scheme whose spouse died during the period they were in the nursing home. How long does probate take? I have 7 months to repay loan.
 
Once HSE are aware that the process has started and you keep them informed, there shouldn't be a problem.

They are aware it can take time for grant of probate & property to be sold.

As for how long - piece of string question - how big / complicated is the estate? How many beneficiaries? Are they all in Ireland? Do you have contact details?

Are you doing probate yourself or have you instructed a solicitor?

Is anyone likely to act the maggot?
 
Once HSE are aware that the process has started and you keep them informed, there shouldn't be a problem.

They are aware it can take time for grant of probate & property to be sold.

As for how long - piece of string question - how big / complicated is the estate? How many beneficiaries? Are they all in Ireland? Do you have contact details?

Are you doing probate yourself or have you instructed a solicitor?

Is anyone likely to act the maggot?
I contacted the HSE when I received the bill and they told me that the T&C’s had changed since we entered fair deal 4 years ago. We signed up as since the property was my only home for 50 plus years & no other property I could defer as connected person. HSE has refused so now I am facing a bill as the will has funds going to siblings as I was to inherit the house they were to be financially catered for. We were never told that conditions had changed. I helped to care for elderly ill parents to the detriment of my career ‘ loss of earnings etc. Now I face taking on loans to cover fair deal loan repayments & to honour what was in the will for siblings at a late stage in life. HSE told me to take my time but I keep getting letters “reminding” me to pay the loan back. This is putting a huge financial pressure on me and now I am worried that probate will add further delays and result in further penalties if I go over the 12 months. As the plan was to defer and not sell the property I am stressed out now with the large financial bill. We would never have entered this deal had we known that the Connected Person option was not real option. Everyone is in Ireland but do I have to pay them what was in the will now that the revenue are taking those funds?
 
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Really sorry for your loss Itgirl73

Are you sure you cannot defer repaying the loan as a “connected person”. It still appears on the HSE website and was covered in a question in the Irish Times (behind paywall) a few months ago. “An application for deferral is open to a partner, a relative or what is called a “connected person” – someone who has lived in the property for three years before the original Fair Deal application was made, for whom the house is their only residence and who has no financial interest in any other property

But if revenue are correct then you need to look at the will and determine exactly what it says. Does it say - I give the house to itgirl and divide what is left between her siblings - or does it say - I give John everything from account A, and Joe everything in account B - and I give the residue to itgirl.
You solicitor will be able to tell you exactly what order things go from the wording of the will.

Usually the first thing is to pay all bills owed by the estate, and then pay named beneficiaries and then deal with the residue if there is anything left.

If the will is as you say that the siblings get cash and you get the house and the bill from revenue Lsi goes with the house, consider reaching an agreement with the siblings that you use the cash to pay revenue, then you take out a loan on the house to pay back your siblings.
 
Have you asked the HSE how and to where you can appeal the decision. There has to be an appeals process.

If not then get on to the Ombudsman's office - and maybe contact a competent local TD (if you have one) - immediately.
 
I've just gone through the end to end process after my mother's death and it took 12 months. Very straightforward case, simple will in place. Probate timeline is dependent on where you are applying for it. Cork for example seemed faster then Dublin but your solicitor will have a good idea of the local timelines

Bear in mind that potentially there is also a need for a tax clearance cert to be got at the end to allow funds to be distributed. In my case, that delayed us for 6 weeks, partially because the solicitor did not forward a letter on to me for 3 weeks and partially because the tax office had to be chased twice to send it out once done. It could and should have been more efficient
 
I contacted the HSE when I received the bill and they told me that the T&C’s had changed since we entered fair deal 4 years ago. We signed up as since the property was my only home for 50 plus years & no other property I could defer as connected person. HSE has refused so now I am facing a bill as the will has funds going to siblings as I was to inherit the house they were to be financially catered for. We were never told that conditions had changed.
There must be more to this. T &C's have changed is very vague. The HSE don't reject deferrals without good reason and without stating specifically why the deferral is being rejected.

Did you formally request the loan repayment to be deferred ?

If you did, what exactly was the reason given in the HSE's written response for rejecting your request ?
 
There are categories for applying to delay repayment aside from being a connected person. One such reason is
  • any person who cared for the person in care prior to them entering the nursing home (this is defined by relevant social welfare payments such as carer's allowance)
So were you receiving any social welfare payments when you were a carer?

Loan is not repayed to the HSE and is instead paid to Revenue and you have 12 months from the death to repay it. So if you have not commenced the probate process already, then it will be tight.

If you can't repay it within the 12 month period, Revenue will add interest to the loan at the rate of 0.0219% per day. That's not a big amount and may be cheaper then getting a loan, depending on the amount involved and assuming the delay is relatively small.

You can apply for the repayment to be delayed and I suggest you do so immediately. Potentially you may meet the requirement as a connected person based on your original post
 
Surely, the loan is owed by the estate of the deceased but secured against the house, in case of insufficient funds? Should the beneficiaries not each contribute, pro rata according to their respective inheritance?
 
Have you asked the HSE how and to where you can appeal the decision. There has to be an appeals process.

If not then get on to the Ombudsman's office - and maybe contact a competent local TD (if you have one) -
There are categories for applying to delay repayment aside from being a connected person. One such reason is
  • any person who cared for the person in care prior to them entering the nursing home (this is defined by relevant social welfare payments such as carer's allowance)
So were you receiving any social welfare payments when you were a carer?

Loan is not repayed to the HSE and is instead paid to Revenue and you have 12 months from the death to repay it. So if you have not commenced the probate process already, then it will be tight.

If you can't repay it within the 12 month period, Revenue will add interest to the loan at the rate of 0.0219% per day. That's not a big amount and may be cheaper then getting a loan, depending on the amount involved and assuming the delay is relatively small.

You can apply for the repayment to be delayed and I suggest you do so immediately. Potentially you may meet the requirement as a connected person based on your original post

thanks a million for all the replies. I rang asking what was the process to defer & was told that terms had changed. I asked for the forms to be sent out to me anyway but they refused to send out the forms. I meet the terms so really stressed that it is being handled in this way.
 
but they refused to send out the forms
Be very surprised if what you need isn't available online. In any event, you can always start by writing a letter.

I appreciate you are grieving for your parent; but what exactly have you done in the last five months?
 
Thanks a million for all the replies. I assume connected person applications are rare as it would be normal for the house to be sold. I just wish that the process was more transparent without suddenly having hidden T & C’s appearing once the participants have passed.
Be very surprised if what you need isn't available online. In any event, you can always start by writing a letter.

I appreciate you are grieving for your parent; but what exactly have you done in the last five months?
when I rang to defer I was transferred to a manager and was told I would not be able to defer but to take my time as I had 12 months to repay loan and not rush into anything? It has been a challenging 6 years plus to support both wonderful elderly parents with health issues with Covid, lockdowns & nursing homes closing which impacted us . People here on this forum will probably know of the challenges, the fact there is always one sibling that is left to get on with it and it is a pity that the government does not understand the pressure that is put on them. Now I realise that by advising me to take my time I now run into pressure with probate, loans to repay siblings who want proceeds from estate regardless.
 
So other than a phone call, there has been no action on getting grant of probate?

Are you the executor?

Theres no doubt that it has been a difficult time, but you now need to gather yourself up & put a plan in place.
 
I rang asking what was the process to defer & was told that terms had changed. I asked for the forms to be sent out to me anyway but they refused to send out the forms.
I would write to the HSE requesting a deferral, saying you meet the criteria for a deferral. They have to reply. Any refusal of your request for deferral would say exactly why it was being refused and give details of the appeal process if you are not satisfied with their decision.

If a deferral is granted, the HSE will not send the debt to revenue for collection, nor will interest be applied.

On probate, some manage this themselves. Others for various reasons engage a solicitor to do it. The solicitors fees and any other debts belonging to the estate usually come from the estate before any distribution happens. Any bad news that your siblings might be getting regarding their inheritance would be far better coming from the solicitor than coming from you. Perhaps you could consider the solicitor option for probate.
 
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thanks a million for all the replies. I rang asking what was the process to defer & was told that terms had changed. I asked for the forms to be sent out to me anyway but they refused to send out the forms. I meet the terms so really stressed that it is being handled in this way.
Using a solicitor for probate is easier and yes there is a cost involved but it will get done right and probably faster. I learnt things from talking to our solicitor that I was not aware of. Just ensure you get a proposed bill of costs before engaging. (they are obliged to provide that).

Worth talking to Citizens advice as well and also ask the Fair Deal team for a link or information regarding the change. Or perhaps talk directly to Revenue, I've found them quite helpful in the past.
 
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