Daughter died intestate and ex boyfriend has all her possessions

getmore4less

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.

Keep_pedalling

doodling said:

Hi,

Malthusian said:

[...]

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. 

[...]

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).

The OP has not said he has taken the money it is till in the bank account waiting for probate.

MissBojangles

Yes, the money is still in the bank. Not being released until probate is granted.

SevenOfNine

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.

Malthusian

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).

As she died intestate and he has parental responsibility for her estate's heirs, I am not sure the bank would agree it was paid out fraudulently and swallow the loss.
Thankfully it's a moot point as it sounds like he has been intercepted on that front as the bank are insisting on probate. 

doodling

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).

As she died intestate and he has parental responsibility for her estate's heirs, I am not sure the bank would agree it was paid out fraudulently and swallow the loss.
Thankfully it's a moot point as it sounds like he has been intercepted on that front as the bank are insisting on probate. 

I think the bank's responsibility is to pay out to the person administering (in the widest sense) the estate.  They can either wait for that to be confirmed by a court (probate or letters of administration) or can take a risk and pay it to whoever they think it appropriate.  I'm pretty sure that it is the bank's own risk they are taking in the latter option; if someone else turns out to be the right person then they get to work out how to fix it.  Of course, if the money has found its way to the ultimate beneficiaries then the bank is off the hook, but my response was in the context of that not happening.

JJWSJS8700

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).

As she died intestate and he has parental responsibility for her estate's heirs, I am not sure the bank would agree it was paid out fraudulently and swallow the loss.
Thankfully it's a moot point as it sounds like he has been intercepted on that front as the bank are insisting on probate. 

Spot on. 

MissBojangles

Thank you all so much for your advice - the situation is looking clearer (devastatingly!).