Do I need to apply for probate, for my husband?

twoflower169

Can anyone help? My husband died very suddenly in a road traffic accident last weekend, it has been the most devasting news and I am havng to keep going as I have a small child and am currently pregnant, my family have been here helping me every step of the way. BUt they do not know our financial circumstances.

I have been well cared for in the provisions that he has made through his pension and our taking out mortgage protection, but we have been in a dmp for a year. I am unsure as we never got round to making out a will as to whether I need to apply for probate, so far none have asked Mortgage company who will be paid via the mortgage protection, nor the bank who as we have all joint accounts that will be transferred to me with out any need for probate.

But what happens with the pension lump sum? Is that mine or is that part of husbands estate? I dont really want to go through a solicitor at this time as I'm not sure I will trust one!

I have yet to have contacted creditors as we have just made a payment and due to the fact that I only have a interim death cert that means that I only a limited number and so other things have priority on the copies.

I have been coping so far for the sake of my children, but I have just hit a brick wall where I cant carry on emotionally, but I dont want parents to help with this as its private, can anyone give any advise to help with any points?

Thanks for any help at this awful awful time, I dont know where else to turn.

Star1

I can't answer any of your questions, but I just wanted to say I'm so sorry for your loss x

MrsE_2

I can't answer any of your questions either, I'm sure someone will be along who can.

Please accept my sincere condolences in this sad time for you & your family.

elliebobs

I'm so sorry to hear your news; please accept my condolences.

I myself can't offer any real advice but at the top of the Family board there is a sticky that I'm sure you will find very informative and will no doubt find the answer in there or one of the other posters in there will certainly know the answer to pretty much any questions you have. You will also have the comfort from those posters that have been in the same situation as you.

Once again, from the bottom of my heart, I'm sorry for your loss and wish you well.

take care

Ellie

Mojisola

What a dreadful thing to have to cope with!

You are going to have so much to deal with that, although it will be difficult, I think you should be open with your parents. It's going to be so hard to cope while trying to keep this secret. There's also the problem that they will very likely see that you're keeping something from them and may start to imagine all sorts of things.

mountainofdebt

Oh Twoflowers

I'm so sorry for your loss.


With regards the pension lump sum, I'm assuming that you have let the trustees of the pension scheme know of the situation.

Do you know what the provisions of the scheme were? Some schemes offer Death-in-service benefits (which is what I assume you mean by the lump sum payment) and will be distributed according to the wishes of the policy holder as its not uncommon fo for the policy holder to divide the lump sum between different people.

They will require a death certificate and I wouldn't be surprised if they also needed a copy of your marriage certificate, especially if there's a widow's pension attached to the pension.

As far as I am aware the lump sum payment doesn't form part of the estate (or at least it didn't when the FIL died - and his lump sum payment was paid directly to OH and SIL)

X

twoflower169

Thank you all so much for your messages, much appreciated at this time.

I cant get my head around it all really, we're only in our 30's and this wasn't something I ever thought would happen to us, its a sad story you expect to hear happen to someone else.

Strangely I dont seem to be able to cry very much, I just seemed consummed by my future situation and how my husband wont be here to share the future of our children, it just feels like he hasn't come home yet, what the hell will my brain do when I realise he's not coming back. (sorry to off load this).

x

chivers1977

http://www.pensionsadvisoryservice.org.uk/Personal_and_Stakeholder_Pensions/Death_Benefits

Dependent on what type of pension it is, the organisation above may be able to advise you as a free not for profit organisation. Otherwise if it is a company pension, he may have nominated you/your children as the beneficiaries. I would get in touch with the pension contacts on Monday while you are still in "finance mode" so you know your position as I am sure that the uncertainty is making it even more difficult to cope at the moment.

I am very sorry for your loss x

chivers1977

http://forums.moneysavingexpert.com/showthread.php?t=1130563 Found this re pension and probate

Also this which indicates that you may be allowed to claim widowed parents allowance and maybe a breavement payment
http://www.adviceguide.org.uk/index/life/benefits/benefits_and_bereavement.htm#widowed_parents_allowance

MatyMoo

So sorry to hear your awful news, it must be a very difficult time for you and your family.

On the Debt Free Wanabee Board there is a thread where you can ask a CCCS Counsellor a question, they may be able to help with questions surrounding the DMP.
http://forums.moneysavingexpert.com/showthread.php?t=2402327

The first post says this:

The Consumer Credit Counselling Service (CCCS) has several counsellors answering questions in our forum. There are three ways to contact them:

1 - To ask them a question please post it below and someone will post a reply here.

2 - If you would prefer to ask a question in private you can send a private message to CCCS Private Messages, and one of the Counsellors (Sue or Pavan) will get back you.

3 - CCCS's Debt Remedy is an online tool where you can chat to a counsellor anonymously and ask questions as you work through a budget plan.

This is dicussion thread part two, if you asked a question at the end of the previous thread, see part one

Also, CRUSE may be able to help you or your family now or in the future:
http://www.crusebereavementcare.org.uk/

Hope it helps.

birdlady

Hello Twoflower

I'm so sorry for what you are going through. My husband died 2 years ago, I found the numbness I felt in the first couple of weeks helped me get through all the arrangements.
My husband owed around 15k when he died, the lump sum did not form part of his estate as it wasn't 'his' money at the time of his death,and I didn't need probate. Once the trustees were told they asked for death and marriage certificates and informed me that I had been named in his expression of wish. It took a while as the trustees only met every 2 months and it was over 6 months before any money was paid out. I had a solicitor but the trustees refused to discuss it with him and would only write to me

Cath x