Bit of advice needed regarding finances following death of partner

gemmalouanna

Hello,

Just wanting a bit of help/advice for my mum. She is going to see solicitor next week but I want to try and give her some info before then if possible as she is getting really worried.

Her partner died sadly on Sunday (they lived together - house/mortgage in both their names), had not written a will.

From previous relationships he has older children (25 plus) and one aged 14 who was receiving CSA payments. We contacted CSA to inform them of the death and they are sending an envelope for her forward death certificate - worried about the payments continuing when the bank account will no longer be funded with wages.

People are telling her all sorts and she is worrying massively! There isn't really any 'money' just a bit which will cover funeral expenses really and the life insurance to pay off most of mortgage.

Can CSA continue to claim anything?? She has been told yes by some people and no by others! All the money is just in the property so not sure what happens??

Also do the children have and claim over the house?

Sorry if these questions are a little stupid but it is really playing on her mind and she could do without the added worry at this difficult time.

Thanks

mountainofdebt

How is the house held - Tenants in Common or Joint Tenants?

Is your mum down as a beneficiary of the Life Assurance policy ?

Mojisola

She needs to check how they owned the house. If they were joint tenants, your Mum now owns the whole house. If they were tenants in common, then half of the house will be his and will be distributed according to the intestacy rules - https://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

Any money in joint accounts will automatically belong to her.

It all depends how the life policy is worded.

She needs to get all this information sorted before seeing the solicitor otherwise a lot of the first visit will be wasted.

The first call on any money in his name is to pay for the funeral.

As soon as she can cope with it, get her to write a will.

getmore4less

Get all joint accounts put into sole name and stop all his payments from those accounts.

Any of his accounts need notifying to close them down

The key one is the house and mortgage/ life cover, she will probably be liable for all the mortgage but the ownership of the house needs to be established also the status of the life cover is it part of the estate or not.

His assets will need to be distributed under intestate rules so since he has bood relatives it goes to them.


If the house is joint(not tenants in common) the life cover not part of the estate and most of the money is in joint accounts then costs could eat up whats left so watch out for this.

How much is in the estate.

One other potential issue(I know nothing about) is the 14yo might have some dependancy status.

gemmalouanna

Thanks for this.

Have done a bit of reading on the website link.

She remembers choosing the option that the house goes to the other person upon death so that goes to her (joint tenants).

Need to check about the life insurance - they just took it out to cover most of mortgage if either died.

The only bank account is joint so that is simple enough.

Does the 'estate' just refer to any savings etc - in which case there isn't any so nothing to automatically go to children (his work have said there may be some money to come from them and the boss is going to let her know how much - possibly 20k - this could be used to pay for funeral/a couple of debts etc)

Need to find out about the dependency issue...

Mojisola

One thing that often upsets close relatives after a death is that they don't get the chance to have keepsakes of the person.

Even if there is no money to pass on to his children, they are entitled to all his personal possessions. Your mother may also want to keep some things that are a reminder of her husband but that will have to be negotiated with his children.

Mojisola

gemmalouanna wrote: »

Does the 'estate' just refer to any savings etc - in which case there isn't any so nothing to automatically go to children (his work have said there may be some money to come from them and the boss is going to let her know how much - possibly 20k - this could be used to pay for funeral/a couple of debts etc)

His "estate" is everything he owned unless it's been tied up in some way such as the type of ownership of the house.

If your mother does make a will, it would be worth her considering whether she wants to leave a portion of her estate to his children if she thinks her husband would have wanted that.

gemmalouanna

Mojisola,

Thanks for taking the time to reply I have just phoned her with the info

He didn't really have much contact with children/not very close etc but she is going to ask if there are any clothes etc that they want.

So his estate doesn't include the house as that goes to my mum based on the joint tenant status?

The money he may get from work (about 20k) would form his estate? This could then pay for funeral/debts etc but any remaining would automatically go to the children?

Sorry for all the questions that may seem silly she is just worried and thinking she will have to sell the house to give them something.

Mojisola

gemmalouanna wrote: »

The money he may get from work (about 20k) would form his estate? This could then pay for funeral/debts etc but any remaining would automatically go to the children?

It all depends. Sometimes these things are arranged so that the money goes directly to the spouse and it isn't counted in the estate. Your mother would have to check with his firm.

gemmalouanna

Mojisola wrote: »

It all depends. Sometimes these things are arranged so that the money goes directly to the spouse and it isn't counted in the estate. Your mother would have to check with his firm.

They were not married - not sure how this affects things


Another thing to tell her to find out when she is feeling ready