Ex-Partner Died Intestate - Am I being lied to?

Damo2409

Hi

Really need some legal advice on this please if possible.

My ex-partner passed away just after Christmas last year.

We have 2 children (both under 18) but had been split up for nearly 2 years. We were never married.

As there is no will, her family arranged the funeral. There is now an argument as to who should be the administrator of the estate. I know the estate will be cash-negative due to debts my ex-partner had. I do not want to be involved with this nor do I feel I should be.

I am being told that the responsibility of being the administrator lies with me and I am liable for sorting out the costs of the funeral etc because the children are the highest on the beneficiary list and I am now their legal guardian.

My understanding is that as I was split from the deceased at the time of her death, that I cannot be a beneficiary, nor can I be classed as administrator of the estate.

Can somebody please clarify this as it is causing me a lot of stress.

Brighton_belle

Hi Damo, I have learnt from reading these boards that the person responsible for paying for the funeral is the one who arranges it with the funeral director. As the funeral has already happened, you cannot be made to pay for it (as you didn't arrange it)and if there is no money in the deceased estate, then who ever arranged the funeral is responsible for paying for it.


You can also refuse to take on any administrative responsibility. Non one can 'make' you do it. I am sure others will be along soon to explain this much more thoroughly than me.

Mojisola

Damo2409 wrote: »

As there is no will, her family arranged the funeral.

There is now an argument as to who should be the administrator of the estate. I know the estate will be cash-negative due to debts my ex-partner had. I do not want to be involved with this nor do I feel I should be.

Brighton belle is right.

The person who signed the contract with the funeral director is responsible for paying the bill. If there was money in the estate, the price of the funeral could be reclaimed from the estate but, as there isn't, it's down to the arranger to find the money.

No-one has to administer an estate. If it is likely to be insolvent, the advice is always to keep well away from it.

Damo2409

Hi. Thanks to you both. Do you have links to where I could find this information for definite online or elsewhere on these forums.

Want to be sure I have my information correct when I go back to the person. Thanks.

jackyann

A good place to start is with gov.uk

I would certainly avoid dealing with your ex's estate.

As you are your dependent children's sole parent, I would get some legal advice - if money is short, begin with CAB or a local Law Centre. Also check if you have any free legal service through your home insurance / workplace / trade union.
You say that their father is unlikely to have left any money, but you don't know for certain; there is also the possibility of some sort of pension or insurance arrangement that may benefit them. So I think as their parent, on their behalf (NOT as an ex-partner) you should have enquiries made - but not in a way that involves you personally (if you see what I mean)

Mojisola

Damo2409 wrote: »

I am being told that the responsibility of being the administrator lies with me and I am liable for sorting out the costs of the funeral etc because the children are the highest on the beneficiary list and I am now their legal guardian.

My understanding is that as I was split from the deceased at the time of her death, that I cannot be a beneficiary, nor can I be classed as administrator of the estate.

Damo2409 wrote: »

Hi. Thanks to you both. Do you have links to where I could find this information for definite online or elsewhere on these forums.

Want to be sure I have my information correct when I go back to the person. Thanks.

All you need to say is that you are not going to get involved with the estate and that you will not discuss the matter any further.

If there was money in the estate, the children would be the beneficiaries and it is usual for a surviving parent to get probate (or letters of administration if there was no will) if they are still minors but no-one is legally obliged to take on this role.

If someone else wants to apply to administer the estate, the children will still remain the beneficiaries - if there is any money.

Brighton_belle

In order of priority, these are the people who can (i.e. not MUST) administer an estate:

• The spouse or civil partner of the deceased
• A child of the deceased
• A grandchild of the deceased
• A parent of the deceased
• A brother or sister of the deceased
• A nephew or niece of the deceased
• Another relative of the deceased

So if the person at the top of the list refuses, the next one down can, and if they refuse etc etc


Got this list from http://death-duties.co.uk/content/executors-and-administrators

Damo2409

I'm getting really worried now. I've been back to the brother of my ex-partner and advised I am not getting involved with the estate and they are now claiming they have consulted a solicitor and confirmed that this is my responsibility as the parent/legal guardian of the next of kin. Do any solicitors use this forum? If so what's my legal position? Thanks.

DKLS

Damo2409 wrote: »

I'm getting really worried now. I've been back to the brother of my ex-partner and advised I am not getting involved with the estate and they are now claiming they have consulted a solicitor and confirmed that this is my responsibility as the parent/legal guardian of the next of kin. Do any solicitors use this forum? If so what's my legal position? Thanks.

See post above yours, its not your problem.

konark

It is not your (or anyone's) responsibility at all, your ex-partner's family are just trying to get you to do it because they don't want to. The rule is clear; Never deal with an insolvent estate!

P.s You are SURE it is insolvent aren't you?

antrobus

Damo2409 wrote: »

I'm getting really worried now. I've been back to the brother of my ex-partner and advised I am not getting involved with the estate and they are now claiming they have consulted a solicitor and confirmed that this is my responsibility as the parent/legal guardian of the next of kin. Do any solicitors use this forum? If so what's my legal position? Thanks.

Refer him to the 'reply given in the case of Arkell v Pressdram'.

You cannot force someone to administer an estate. Even people who are appointed as executors in a will can decline to do so. And one of the reasons why they so so, would be because the estate is insolvent.

The advice you have given on this thread is correct. You were never married to this person. It is not your problem. Simply do nothing.