What to do when a partner/spouse dies.

sexpot

Can some one tell me, is it true that when your partner dies, you dont get thier pention. I have been with my partner 8 years, also a is still married. We have made a will.

John_Pierpoint

It depends what sort of pension you are talking about and what sort of partner.
More details needed.

blossomhill_2

Can I ask a quick question please; If a single occupant householder dies, will their household bill direct debits continue to be paid by their bank while probate is being sorted out?

John_Pierpoint

No they all should be bounced, just as if the deceased had gone bankrupt.
For those thinking of popping their clogs, having two bank accounts one for incomings and one for outgoings, can smooth the disruption.

joode

Where do I start.....This is my first time on the site.
My husband is American and does not have UK citizenship but has 'indefinite leave to remain' in the UK. I am a British citizen and have no intention of becoming a US citizen. The same applies to my husband....he wants to remain a US citizen. We are in our 60's and he has property in the US and I have property here in the UK. I have made a will and he is about to make one. Is inheritance straight forward one country to the other? In this case it is UK to US or US to UK. Are we going to encounter lots of problems? Do we need a lawyer with particular knowlege and skills in this area?
We hope there is somebody out there that can guide us in the right direction. We have both looked online and cannot see anything relevant to our situation.

blossomhill_2

John_Pierpoint wrote: »

No they all should be bounced, just as if the deceased had gone bankrupt

Thanks for this info

How does an executor keep the bills paid then - there is money in the estate but the bills will soon relate to a time after the death, and probate hasn't yet been granted. The beneficiaries can't afford to pay the bills on the house yet but don't want utilities cut off as they are keeping the house secure

AndrewSmith

joode wrote: »

Where do I start.....This is my first time on the site.
My husband is American and does not have UK citizenship but has 'indefinite leave to remain' in the UK. I am a British citizen and have no intention of becoming a US citizen. The same applies to my husband....he wants to remain a US citizen. We are in our 60's and he has property in the US and I have property here in the UK. I have made a will and he is about to make one. Is inheritance straight forward one country to the other? In this case it is UK to US or US to UK. Are we going to encounter lots of problems? Do we need a lawyer with particular knowlege and skills in this area?
We hope there is somebody out there that can guide us in the right direction. We have both looked online and cannot see anything relevant to our situation.

Hi,

The US property shoul be dealt with by making a will covered by the legal system in USA, ie he will need to make a US will to cover this due to the legal and financial differences of estate administration between UK and US.

For all assets owned in the UK he will need to make a UK will. It's not to do with citizenship but it's about being relevant to the law in the country where the property is.

Both wills should be kept an stored where he resides. The fact that he does not have UK citizenship is not a problem. He is bound by and covered by UK law all the time he lives here.

It's the same as someone who has a second home in France or Spain for example, in these cases a separate will needs to be written to reflect the law etc of the country in which the property is owned.

A lot of people owning foreign property are not aware of this and could be leaving a potential headache by not doing so.

John_Pierpoint

blossomhill wrote: »

Thanks for this info

How does an executor keep the bills paid then - there is money in the estate but the bills will soon relate to a time after the death, and probate hasn't yet been granted. The beneficiaries can't afford to pay the bills on the house yet but don't want utilities cut off as they are keeping the house secure

How long since the death?
Strictly speaking everyone waits until probate is granted and then for another 2 - 3 months while the executor advertises for creditors.
(You will have seen funny little adverts in your local paper, reading along the lines of: Persuant to the trustee act 1925.........send particulars thereof to the undersigned................on or before ddmmyyyy..............the estate will be distributed............)

However good luck with the utility providers, who have a terrorism subsidiary designed to jump the queue, because legally they are NOT at the front of the queue.

[I have posted on here before about my dealings with the !!!! !!!! idiots at British Gas - muppets controlled by a computer system].

If you are using a solicitor, a photocopy of the solicitors letter explaining the situation to the executor, will reassure the creditors; understandably they are worried that upon grant of probate, the estate and its executors and beneficiaries, will slip away into the mist with the loot.
A solicitor is also able to telescope the procedure by a couple of months by advertising for creditors in advance of the grant of probate - but as far as I know the London Gazette (if the estate is in England) will not accept "private" adverts in advance of the grant of probate.

You need to explain in more detail about the estate in question, its executor and beneficiaries. It is possible that the deceased is indeed bankrupt, and those procedures are based on the probate ones - that is why bankruptcy is called "living death".
There is a whole subsection of this forum, where people exchange experiences of "living death".

Obviously the executor is personally liable for the expenses since the death, and keeping property damp and ice free and paying the insurance policy is the executor's responsibility.

So unless the beneficiaries can agree to fund the period through to grant of probate - a helpful bank to provide an overdraft might be the easy way out.
Has the executor already opened an executor's account? Some organisations will pay back the the executor in advance of the grant of probate; those cheques need to be presented for payment.

Who paid for the funeral?

Has anyone a right to a death grant?

blossomhill_2

Thanks JP;
3 weeks since death
Bankruptcy not an issue - fully solvent at time of death and bills all paid up to date or in credit
Exec and beneficiary are both close family/on good terms
No exec account opened yet
No solicitor being used
Probate not yet applied for; still valuing estate, nearly done - well under IHT limit
No right to death grant AFAIK
Already dealt with utilities when I sorted out a relative's estate, as there is no shortage of money I would rather pay them off and keep them quiet

John_Pierpoint

blossomhill wrote: »

Thanks JP;
3 weeks since death
Bankruptcy not an issue - fully solvent at time of death and bills all paid up to date or in credit
Exec and beneficiary are both close family/on good terms
No exec account opened yet
No solicitor being used
Probate not yet applied for; still valuing estate, nearly done - well under IHT limit
No right to death grant AFAIK
Already dealt with utilities when I sorted out a relatives estate, as there is no shortage of money I would rather pay them off and keep them quiet

I agree, having been caught out by BT sending me a cheque for a £5 er, when my mum died, the first thing I did when uncle died was to open an executor account, though I could only pay in until I got grant of probate.

The above estate sounds like a neat well set up one with few problems - but if anything unexpected happens there is a wealth of advice on here.

Good luck,

John.