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Daughter died intestate and ex boyfriend has all her possessions
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It's the childrens remaining person with parental responsibility that gets first dibs at estate administration.
That will be why the court are reviewing the application to administer the estate from a grandparent (of the beneficiaries) that has no benefitial interest in the estate.
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doodling said:Hi,He has a history of criminal activity and drug abuse so keen to set up a trust to benefit the children which he cannot take advantage of.
Who is the £20k with? Realistically, setting up a trust will only be possible if you can stop him withdrawing the money. Banks will often pay out a sum of £20,000 on presentation of the death certificate without the need for probate.
If he gets the money in his hands it is probably best to write that off as well.
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Yes, the money is still in the bank. Not being released until probate is granted.1
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Is there any chance at all that the ex partner's parents might be sympathetic to your friend wanting (needing) some of her daughters things?
Perhaps he's cruel enough to keep/sell things of value, but maybe some personal items might be obtainable through his parents, who might feel some sympathy for a bereaved parent.Seen it all, done it all, can't remember most of it.1 -
doodling said:Assuming the money was held in a bank account before the death and OP's friend obtains probate then writing this off shouldn't be necessary - the bank is obliged to come up with the money; it is not the OP's friend's fault that the bank has been the victim of what is essentially fraud by the ex-bf and has given the money to the wrong person. The bank can reclaim their losses from the ex-bf (although whether they manage to do this is not the OP's friend's concern).
Thankfully it's a moot point as it sounds like he has been intercepted on that front as the bank are insisting on probate.1 -
Hi,
We're deviating from the OP's questions but:Malthusian said:doodling said:Assuming the money was held in a bank account before the death and OP's friend obtains probate then writing this off shouldn't be necessary - the bank is obliged to come up with the money; it is not the OP's friend's fault that the bank has been the victim of what is essentially fraud by the ex-bf and has given the money to the wrong person. The bank can reclaim their losses from the ex-bf (although whether they manage to do this is not the OP's friend's concern).
Thankfully it's a moot point as it sounds like he has been intercepted on that front as the bank are insisting on probate.
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Malthusian said:doodling said:Assuming the money was held in a bank account before the death and OP's friend obtains probate then writing this off shouldn't be necessary - the bank is obliged to come up with the money; it is not the OP's friend's fault that the bank has been the victim of what is essentially fraud by the ex-bf and has given the money to the wrong person. The bank can reclaim their losses from the ex-bf (although whether they manage to do this is not the OP's friend's concern).
Thankfully it's a moot point as it sounds like he has been intercepted on that front as the bank are insisting on probate.0 -
Thank you all so much for your advice - the situation is looking clearer (devastatingly!).1
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