Probate and the appearance of a baby?

theoretica

I believe some payments, which may include death in service/insurance payouts do not form part of the deceased estates and so would not be swallowed by debts.  

These payments would also not fall to the executor to control - probably your course of action would be to inform the insurers/employers/anyone who seems relevant that there is this pregnancy which was previously said not to be his child but the mother is now saying is his and that you would of course cooperate with providing a sample for paternity testing and leave the insurers etc to sort it out.

Beanynut2

Silvertabby said:

Beanynut2 said:

Silvertabby said:

My sympathies on your loss.

As it would seem that your son died insolvent, then that's the end of that, money wise. 

But..... was he employed?  If yes, was he a member of a pension fund that could pay death in service or survivor's benefits?  

Yes he was employed but only on minimum wage and although he had a pension, he’d only worked for the company a couple of years, so I doubt they’ll be much payout. I won’t know anything for certain until I get the Interim Death certificate and can provide proof of death; however, I think his debts my in the tens of thousands and his assets in the thousands. 

Re-read your first post, and seems he died in a work related accident.  If so, could there be an insurance payout? 

I’m not sure - I’m yet to meet with his employer, it still very early days. We’ve not received the interim death certificate yet.

Savvy_Sue

So, g/f says she's pregnant but initially says your son is not the father. 

Then your son dies, and she says he IS the father. 

Is that right? If so, I shall be generous and say that I am sure she is grieving too, even if it was an on/off relationship, and perhaps hoping that in her unborn child she will be able to remember him with love. 

Please, keep coming back with any questions / issues. You may feel that there are things you have to do, but there are very few things which have to be dealt with right now, right this minute, so do not be pressurised into anything. 

sheslookinhot

Savvy_Sue said:

So, g/f says she's pregnant but initially says your son is not the father. 

Then your son dies, and she says he IS the father. 

Is that right? If so, I shall be generous and say that I am sure she is grieving too, even if it was an on/off relationship, and perhaps hoping that in her unborn child she will be able to remember him with love. 

Please, keep coming back with any questions / issues. You may feel that there are things you have to do, but there are very few things which have to be dealt with right now, right this minute, so do not be pressurised into anything. 

Sorry for your loss. 

However, that is a red flag as you are no doubt aware. Once it’s established you may have a grandchild to love, which will be excellent. First things first though.