New Post Advanced Search
Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.

Dad Recently Passed Away with No Will

edited 3 June 2016 at 10:41PM in Deaths, Funerals & Probate
102 replies 17.8K views
chrisb1357chrisb1357 Forumite
836 posts
Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
✭✭✭
edited 3 June 2016 at 10:41PM in Deaths, Funerals & Probate
Hi all,


My dad recently passed away 2 weeks ago and I am in a bit of a mess on where to start and what to do with regards to helping my mum sort everything out as my dad use to look after everything.


There was no Will or house or mortgage involved but there is outstanding debts as he was on a DMP plan with Stepchange/CCCS. Not sure if the debts are joint.


People keep mentioning Probate as there was no will but again am not sure if this is needed or how to sort this out. Should we seek advice from a solicitor or someone else. Is this correct?


Many Thanks
«13456711

Replies

  • bluelassbluelass Forumite
    552 posts
    I've been Money Tipped!
    I am very sorry about your loss.
    Hugs to you and your mum.
    Britain is great but Manchester is greater
  • Yorkshireman99Yorkshireman99 Forumite
    5.5K posts
    ✭✭✭✭
    chrisb1357 wrote: »
    Hi all,


    My dad recently passed away 2 weeks ago and I am in a bit of a mess on where to start and what to do with regards to helping my mum sort everything out as my dad use to look after everything.


    There was no Will or house or mortgage involved but there is outstanding debts as he was on a DMP plan with Stepchange/CCCS. Not sure if the debts are joint.


    People keep mentioning Probate as there was no will but again am not sure if this is needed or how to sort this out. Should we seek advice from a solicitor or someone else. Is this correct?


    Many Thanks
    If there is no will then the this is known as intestacy. If the debts exceed ther assets then the estate is insolvent and the standard advice is not to do anything. Perhaps you could give a bit more detail about how much you later father had in the bank and if he had a car for example.
  • enthusiasticsaverenthusiasticsaver Forumite, Board Guide
    11.3K posts
    10,000 Posts Seventh Anniversary Name Dropper I've been Money Tipped!
    ✭✭✭✭✭
    If the estate is small which I am assuming is the case there is no need for probate. If the debts are sole rather than joint your mum will not be liable. Are there any assets? Bank account, car, property?
    Early retired in December 2017

    I'm a Board Guide on the Debt-Free Wannabe, Mortgages and Endowments, Banking and Budgeting boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Pease remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected]
  • chrisb1357chrisb1357 Forumite
    836 posts
    Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
    ✭✭✭
    What is classed as Assets,

    3 x Bank Accounts only one has money to cover mums bills until end of June and this account is used for all outgoings and incomings that her ESA and House/Tax Benefits get paid into. Other 2 have nothing in them.

    Dad had a motobilty car which go's back next week. He had an old car which he kept off the road incase the motorbilty one ever went back but I contacted DVLA last week and sent the paperwork off to transfer to mum. Scrap value if this is £50 not sure if it's worth much more than £200 if valued.

    No house or property that the own as they private rented a house in joint tenancy.

    He had private pensions and death in service through is work. Is this classed as part ofthe estate.

    The debts mum is not sure if they are joint or not as dad use to deal with them all. All I know he was on a DMP with CCCS and they was a large amount.

    Think he had a credit card and a catalogue account as well
  • konarkkonark Forumite
    1.3K posts
    ✭✭✭
    As long as the account with money in is in joint names your mum can use it; if it;s in your father's name only the bank will freeze it when they are told he has died,

    You mention a 'private pension' and 'death in service', was your father retired? If so he won't get death in service. Private pension will probably end on death.

    Also there's the matter of the funeral to pay for, money in the estate can be used for this.

    If significant assets can't be found it is best not to administer the estate.
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • edited 4 June 2016 at 6:13AM
    Yorkshireman99Yorkshireman99 Forumite
    5.5K posts
    ✭✭✭✭
    edited 4 June 2016 at 6:13AM
    chrisb1357 wrote: »
    What is classed as Assets,

    3 x Bank Accounts only one has money to cover mums bills until end of June and this account is used for all outgoings and incomings that her ESA and House/Tax Benefits get paid into. Other 2 have nothing in them.

    Dad had a motobilty car which go's back next week. He had an old car which he kept off the road incase the motorbilty one ever went back but I contacted DVLA last week and sent the paperwork off to transfer to mum. Scrap value if this is £50 not sure if it's worth much more than £200 if valued.

    No house or property that the own as they private rented a house in joint tenancy.

    He had private pensions and death in service through is work. Is this classed as part ofthe estate.

    The debts mum is not sure if they are joint or not as dad use to deal with them all. All I know he was on a DMP with CCCS and they was a large amount.

    Think he had a credit card and a catalogue account as well
    It sounds as if the estate is insolvent I.e. Debts more than assets. Pension due from last time it was paid is part of the estate. Death in service is not usually. If the estate is insolvent then just tell debtors there is no money. If you have not already done so you must inform the bank and the pension company.
  • mum2onemum2one Forumite
    16.3K posts
    Xmas Saver!
    ✭✭✭✭✭
    I've gone through semi same - lost dad, mum alive thou he had will.

    The 1st thing you need to so is check the bank accounts,

    Had your dad any life insurance?

    You say death in service, was he still working and how old?

    As for credit cards - there be in your dads (or mums name) if the second person is a named card holder, there not liable for the debt.

    Contact Stepchange - inform them of the death, you may need to send Death Cert, - I'm guessing - (or hoping) that Stepchange will notify the creditors. x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • chrisb1357chrisb1357 Forumite
    836 posts
    Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
    ✭✭✭
    Morning All,


    The bank accounts are in joint names and mum has an appointment with them on Monday. The advisor I spoke to said the accounts is a simple as removing my dads name from the joint account.


    At the time of death my dad was employed but on the sick. His work has been informed and they have started to speak with the insurance company regarding the death in service which is 1 times 3/4 his annual wage.


    I have also sent a letter to the private pension company that my dad use to pay into for many years which I am told is a large pension he had. They have sent forms back which I need to complete and return for mum. But on the pension forms it does ask for letter of Probate or Administration.


    Do you think its best to ask Step Change to find out if they are in joint names or not.
  • TBagpussTBagpuss Forumite
    8.5K posts
    Tenth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    \Let stepchange know about the death, and they should be able to let you know if any of the debts were joint, and advise you about how to proceed.

    If his estate is insolvent then it may be best for you *not* to apply for letters of administration, but instead to let the creditors deal directly with the pension service
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • chrisb1357chrisb1357 Forumite
    836 posts
    Part of the Furniture 500 Posts Combo Breaker I've been Money Tipped!
    ✭✭✭
    Will be calling them Monday for Mum as we have the Funeral on Wed and a Service on Fri next week.


    Am a little confused with when you say not to apply for letters of administration but instead let the creditors deal directly with the pension service???


    Sorry about sounding like I don't know much. Am very confused with all this at the minute and wish I could just get someone to help sort it all out for me


    Chris



    TBagpuss wrote: »
    \Let stepchange know about the death, and they should be able to let you know if any of the debts were joint, and advise you about how to proceed.

    If his estate is insolvent then it may be best for you *not* to apply for letters of administration, but instead to let the creditors deal directly with the pension service
This discussion has been closed.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support