Sister died intestate - advice sought

Cripes

My sister sadly passed away a fortnight ago and my mother, who is in a care home has asked me to sort out the legal and financial matters arising. Crucially, she died intestate.

My sister led a simple life and was my mother's main carer, and had no partner, property or assets to speak of. Our parents divorced nearly 50 years ago, but there's been no support or contact with our father since he remarried shortly afterwards.

I am paying for the funeral but she has a relatively small credit card debt, and I've sent a death certificate copy to the card company and I've also closed her bank account.

Going through her records she appears to have had a current pensions policy with Aviva and I've also written to them. They have now said the benefits could total £80000 and given me some forms.

Any advice appreciated, especially clarification on number of points.

I'm assuming we will now have to apply for probate, or can I still act as a simple administrator?

Firstly, as mother and father are still alive are the assets split equally between them?

Thanks for any help.

Yorkshireman99

It depends on the policy and who it is payable to. If it is not the deceased's estate then you should not need probate.

Cripes

Thanks for that info.

Keep_pedalling

Yorkshireman99 wrote: »

It depends on the policy and who it is payable to. If it is not the deceased's estate then you should not need probate.

If it does form her part of her estate then everything, after you have paid off her debts and the funeral costs, is split between your parents, unless he is no longer alive in which case everything goes to your mother.

Cripes

Keep_pedalling wrote: »

If it does form her part of her estate then everything, after you have paid off her debts and the funeral costs, is split between your parents, unless he is no longer alive in which case everything goes to your mother.

That's my understanding.

It was also the question of whether, as it's a simpler situation than many, whether I can still act as administrator in light of the potential redemption amount, or whether it needs to be done via probate.

p00hsticks

Cripes wrote: »

That's my understanding.

It was also the question of whether, as it's a simpler situation than many, whether I can still act as administrator in light of the potential redemption amount, or whether it needs to be done via probate.

Whether you need it or not will depend on Aviva and whether they are prepared to pay out without it - different organisations have different thresholds above which they require probate.

That's assuming that the sum does form part of the estate - I believe that many pension policies are set up in trusts and therefore fall outside the estate.

Silvertabby

My sympathies.

It depends on the pension fund money - if your sister nominated you or your mother (or both) as beneficiaries, then the money goes straight to you and doesn't form part of her estate.

Even if she didn't complete a nomination form, the trustees may apply their discretion to split the money between your mum and dad, so it still wouldn't form part of her estate.

Cripes

Interesting development today.

I applied for LOA and had posted the power of attorney authorisation form to my father, only to receive a letter back from a member of his new family saying he had actually died a matter of weeks after my sister...

So I will need to contact the Probate office to revise the application.

Funny old world.

Yorkshireman99

For future reference you don't need to pay for somone else's funeral. The local authority or hospital HAVE to pay if the deceased's estate has no funds.

melanzana

It is possible (someone might confirm), that as your late father died after your sister, his estate would be entitled to half your sister's estate, and that would be distributed in accordance with your Father's will or intestacy.

That is assuming the Aviva fund forms part of your late sister's estate and is not nominated in favour of anyone on trust. Have you contacted Aviva yet to confirm about the terms of the fund?

Condolences on your loss.

Cripes

Yorkshireman99 wrote: »

For future reference you don't need to pay for somone else's funeral. The local authority or hospital HAVE to pay if the deceased's estate has no funds.

Yes, I'd heard that was possible, but my mother was insistent on the Co op being used and it seemed less stressful for me to handle it all. I'm hoping there will be reimbursement at some point, but I don't mind waiting, and it meant matters were straightforward.