What am I and my Siblings entitled to?

Nearlyold

If her partner shared the same address as your mother, was the person reporting your Mum's passing to the bank, provided the Death Certificate, was the informant on the Death Certificate and was obviously connected to your mother etc. most banks would release the money on that basis. It's not as if he was a complete stranger who just rocked up at the bank asking for the cash.

Although banks vary in their limits, the majority will release monies below a certain level without insisting on a Grant of Probate/Letters of Administration. 

Typical limits before a bank will insist on Probate/Letters of Administration are from £30K up to £50K (Nationwide is £50K as is Lloyds I believe)

Not sure why you would expect the bank to contact you for your approval (assuming they even had your details) as on the face of it there would be nothing to alert them that something wasn't right.

diystarter7

Spendless said:

diystarter7 said:

OP
I'm safely assuming you mum loved her OH as did he. They were together for 25+ years.
If mum wanted to leave you guys anything assuming she had money, IMHO she would have said and told you and possibly made a will.
It was her money, her choice.
Having stated that, have you asked the partner? Do you think its going to be more than a certain amount and is it worth the upset, etc?

The OH, if he is a decent guy, I'd leave it and move on but as you know it's your choice.

To be fair, if she'd wanted the OH she never married to receive her money, if there was any,  then she should have made a will. Without one under intestacy rules her children inherit.

I agree with the comment above about the bank. Who did they release any money to and why. 

Fair enough, thanks.
Personally, I would not bother as she lived with her guy but the law is the law.
Thanks

cfox5771

diystarter7 said:

Spendless said:

diystarter7 said:

OP
I'm safely assuming you mum loved her OH as did he. They were together for 25+ years.
If mum wanted to leave you guys anything assuming she had money, IMHO she would have said and told you and possibly made a will.
It was her money, her choice.
Having stated that, have you asked the partner? Do you think its going to be more than a certain amount and is it worth the upset, etc?

The OH, if he is a decent guy, I'd leave it and move on but as you know it's your choice.

To be fair, if she'd wanted the OH she never married to receive her money, if there was any,  then she should have made a will. Without one under intestacy rules her children inherit.

I agree with the comment above about the bank. Who did they release any money to and why. 

Fair enough, thanks.
Personally, I would not bother as she lived with her guy but the law is the law.
Thanks

I lived with her longer than the bloke in question does that make a difference? 

pinkshoes

cfox5771 said:

My mother, passed in april of this year, she wasn't married to her partner but had been with him since i was 7/8. 25+ years, she lived in his house and as far as i'm aware wasn't on the deeds to property. she also worked at Tesco for 20+ years, when she passed she had money in her bank account and i don't know what has happened to this?!  do i have the right to enquire about this? she had no will, no life insurance etc.  

If she died without leaving a will and was not married to her partner, then rules of intestacy apply e.g. any assets after debts have been paid go to the next of kin.

For a bank account, it gets frozen once the death has been reported, and money can't usually be drawn until probate has been granted. Even then, the person drawing the money would need proof e.g. marriage certificate or proof of next of kin.

If you know which bank it was that she banked with them go and speak to them. They might be able to help.

I'm assuming the partner was the administrator? What evidence do you have that she had £14k in her personal bank account? How can you be sure she didn't have any debts?

theoretica

I would proceed as though the money is still in the bank account, waiting to be claimed, and see what the bank says when you say you are her children and as she died intestate you wish to claim it and distribute it.

Flugelhorn

theoretica said:

I would proceed as though the money is still in the bank account, waiting to be claimed, and see what the bank says when you say you are her children and as she died intestate you wish to claim it and distribute it.

seems reasonable plan - will need a death cert though. 

Savvy_Sue

Flugelhorn said:

theoretica said:

I would proceed as though the money is still in the bank account, waiting to be claimed, and see what the bank says when you say you are her children and as she died intestate you wish to claim it and distribute it.

seems reasonable plan - will need a death cert though. 

Not hard to get one of those. https://www.gro.gov.uk/gro/content/certificates/login.asp

Spendless

Also was your Mum still working for Tesco at the time of her death? A lot of companies do a 'death in service' payment. I don't know if Tesco do.  I *think* she'd have been able to nominate her partner and that would be outside intestacy rules but I'm sure someone on here is more knowledgeable than I am  about it and how/if you can find out. 

Flugelhorn

Savvy_Sue said:

Flugelhorn said:

theoretica said:

I would proceed as though the money is still in the bank account, waiting to be claimed, and see what the bank says when you say you are her children and as she died intestate you wish to claim it and distribute it.

seems reasonable plan - will need a death cert though. 

Not hard to get one of those. https://www.gro.gov.uk/gro/content/certificates/login.asp

After a while it is easy to get one through that route but I think they only have 2021 on there at present as this year hasn't been loaded up yet (at least when I was looking for one last week they hadn't) - the best way to get the cert would be via the local registrar in the district where the death occurred

Nearlyold

theoretica said:

I would proceed as though the money is still in the bank account, waiting to be claimed, and see what the bank says when you say you are her children and as she died intestate you wish to claim it and distribute it.

The banks response would be that they have already released the monies in line with their procedures for small estates to the partner in his role as Personal Representative/Administrator (not as a beneficiary) of the mother's estate as they were satisfied with his bona fides to act in that role. (e.g. they had lived together as partners for 25 years+). 

The Bank would also advise that the daughter should approach the partner in regard to any failure on his behalf to administer the estate correctly.