Died interstate with a surviving, separated spouse

So-many-questions_2

Good evening, hoping some clever people may have some answers.

My father in law has passed away suddenly. At present it appears less and less likely he left any kind of will. His mistake and we are trying to move on from this and think about the funeral.

He's left a small amount of money in his bank. Nothing vast, but enough to cover funeral costs and leave a small sum of money over.

He separated and began divorce proceedings 16 years ago.. the divorce was never finalised as both parties were in dispute of facts and settlement.

We understand that as there was no will, frustratingly anything left after funeral costs will be inherited by his ex.

Our real concern at the moment is this:

1- We wish to appoint legal advice to act on our behalf, we do not want to have any direct contact with his ex wife. Would costs for this be covered by his estate?
2 - Can all funeral costs be covered by the estate. Everything from flowers to undertaker to a wake and food afterwards? How do we get the money from the estate to pay for it? Is there a limit of what we could spend? Would his ex have to sign off on anything (this would be distressing for the family)? Can we go ahead and arrange the funeral even if she's not been contacted? As we are signing for these services can she delay Payment and ultimately force the costs back to us?

We have so much upset and this is such a distressing situation we find ourselves in. We don't essentially mind that we don't inherit...it'sjust going to be such an upset if we can't pay for tge funeral he deserves

Many thanks

Yorkshireman99

So-many-questions wrote: »

Good evening, hoping some clever people may have some answers.

My father in law has passed away suddenly. At present it appears less and less likely he left any kind of will. His mistake and we are trying to move on from this and think about the funeral.

He's left a small amount of money in his bank. Nothing vast, but enough to cover funeral costs and leave a small sum of money over.

He separated and began divorce proceedings 16 years ago.. the divorce was never finalised as both parties were in dispute of facts and settlement.

We understand that as there was no will, frustratingly anything left after funeral costs will be inherited by his ex.

Our real concern at the moment is this:

1- We wish to appoint legal advice to act on our behalf, we do not want to have any direct contact with his ex wife. Would costs for this be covered by his estate?
2 - Can all funeral costs be covered by the estate. Everything from flowers to undertaker to a wake and food afterwards? How do we get the money from the estate to pay for it? Is there a limit of what we could spend? Would his ex have to sign off on anything (this would be distressing for the family)? Can we go ahead and arrange the funeral even if she's not been contacted? As we are signing for these services can she delay Payment and ultimately force the costs back to us?

We have so much upset and this is such a distressing situation we find ourselves in. We don't essentially mind that we don't inherit...it'sjust going to be such an upset if we can't pay for tge funeral he deserves

Many thanks

Proceed with caution. Anyone who starts dealing with estate can end up being liable for the costs. Reasonable costs of the funeral and wake can be recovered from the estate. If there is no will the someone will have to apply for letters of administration. A professional will only do this if their fees are paid. Banks will usually pay the funeral director direct if given the bill. However if you do this you can be seen as what is technically known as “Intermedling”. Once you start doing this you have to continue administrating the estate. If there is not sufficient money to pay any debts you could be liable to pay them.

So-many-questions_2

Thanks for your response. Well I suppose we best get in contact with a solicitor first thing.

Is it possible that of they're unable to contact the ex it could delay us making funeral plans?

getmore4less

Arranging the funeral is fine you don't need(she should be told) the estranged wife involved just the death certificate and the green form.

If the banks won't pay out or not enough money then you can be liable for the funeral costs if you arrange it

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If you do administer, becoming liable for any estate debts only happens if you mess up administration really badly, even then the max liability is the total left in estate.

if the estate is small and you don't know the finances probably best to stick with the funeral and ask the bank first if they will release funds on a funeral directors invoice, then leave the rest to the nearly ex.

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If you want a solicitor to act as intermediary then that will be your expense

Margot123

Arranging a funeral is not classed as 'intermeddling' as it is a humane necessity regardless of your relationship to the deceased. This is simple act will not compel you to take on the role of executor.
This is the very first thing you must sort out.

So-many-questions_2

How do we notify her though? We don't know where she lives?

Thanks - we hoped we could get funeral arranged first and have that done. What about paying for flowers and a wake though?

Moogles44

You can get a lot of free advice from solicitors at first. I’d ring around a few of them to ask. I’m pretty sure that you won’t be able to take the money from estate for you contesting will, if that’s what you intend to do ( I haven’t) . And steer away from no win no fee ones.

Did he say he wishes for you to anyone after his split? You may be able to do something but only someone legal can advise you correctly over this . Be aware it will possibly cost you around £40k to challenge .
Yo may be entitled to a small amount but not sure.

I also don’t reckon you’ll not be able to purposely spend loads for the funeral .

Robin9

Is there a company pension ?

Yorkshireman99

Margot123 wrote: »

Arranging a funeral is not classed as 'intermeddling' as it is a humane necessity regardless of your relationship to the deceased. This is simple act will not compel you to take on the role of executor.
This is the very first thing you must sort out.

It is not the funeral aranging is the problem but dealing with the finance of it. As advised before the OP would best advised to let the hospital del with the whole thing.

So-many-questions_2

How can the hospital deal with it though?

Yorkshireman99

So-many-questions wrote: »

How can the hospital deal with it though?

They instruct an undertaker just like with any other funeral.