📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Brother-in-law died, no will, no up to date paperwork, no state pension, loads of bills!

Options
124»

Comments

  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 January 2021 at 5:04PM
    Thanks again everyone. I've just received a 2 minute long video from the landlord showing us the state of the house now the clutter has gone. I'm assuming he wants us to clean it up properly. He has already been in touch with one of BIL sisters to ask when we are going back to help him clean it up. Do we say its not negotiable and it's up to him now.
    I'd just reply simply saying thanks for the video.  Unfortunately there's been a misunderstanding and you are not administering the estate.  
    I don't think at this stage you need to be curt etc, just a polite thanks etc and then I think I would block him.

    EDITED as I posted when naedanger was also - I like their reply too, more explanatory of the situation, than mine.
    Forty and fabulous, well that's what my cards say....
  • Bobbysoxx29
    Bobbysoxx29 Posts: 16 Forumite
    Fourth Anniversary 10 Posts
    Hi folks, it's me again, in need of your help yet again. After all your advice we informed the debtors to the Estate that it wasn't being administered and thought that would be the end of it. 
    However, one of BIL sisters has received letters about the private pension that BIL was in the process of trying to claim before his death. We assumed that this was the end of it so the family walked away without doing anything with this private pension. After a couple of emails to the company and a telephone call from them, it transpires that the policy is still there waiting for someone to claim it. They have sent application forms for the policy and they did disclose that there was a substantial amount available. If we decide to proceed would Probate come into play or Letters of Administration be needed?
    There is no other Estate and we would settle his debts of course, but should we be mindful of any legalities that may come to light?
    Many thanks 
  • Sea_Shell
    Sea_Shell Posts: 10,030 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    AIUI, a private pension pot would fall outside of any estate, and payment would be at the discretion of the pension trustees, or by a nominated beneficiary form.

    Probate would not be required, and it would not count as intermeddling with the estate.
    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 23 May 2021 at 1:46PM
    The sister should ask the pension company whether the payout forms part of the deceased's estate. I suspect it won't, in which case the amount can be claimed without any need for probate or any legal requirement to pay the estate's debts.

    (If the recipients wish to repay the estate's debts is up to them. But if they do they could do so without bothering to administer the estate.)
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.