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  • FIRST POST
    • chrisb1357
    • By chrisb1357 3rd Jun 16, 10:28 PM
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    chrisb1357
    Dad Recently Passed Away with No Will
    • #1
    • 3rd Jun 16, 10:28 PM
    Dad Recently Passed Away with No Will 3rd Jun 16 at 10:28 PM
    Hi all,


    My dad recently passed away 2 weeks ago and I am in a bit of a mess on where to start and what to do with regards to helping my mum sort everything out as my dad use to look after everything.


    There was no Will or house or mortgage involved but there is outstanding debts as he was on a DMP plan with Stepchange/CCCS. Not sure if the debts are joint.


    People keep mentioning Probate as there was no will but again am not sure if this is needed or how to sort this out. Should we seek advice from a solicitor or someone else. Is this correct?


    Many Thanks
    Last edited by chrisb1357; 03-06-2016 at 10:41 PM.
Page 3
    • mum2one
    • By mum2one 7th Jun 16, 12:31 PM
    • 16,154 Posts
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    mum2one
    Don't forget single person discount on the council tax if that now applies
    Originally posted by getmore4less
    Unless the Op lives there ? x
    Tackling the debt free life one day at a time xx
    RIP Dad, - Always love you, - He was 1 in a million xx
    • chrisb1357
    • By chrisb1357 7th Jun 16, 1:29 PM
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    chrisb1357
    When I phoned the council last week to see if they had been told they had received notification and was closing the old claim down so they sent the forms out to make a new claim so they should be here this week.

    They said the single factor would be calculated as well
    • mum2one
    • By mum2one 7th Jun 16, 11:48 PM
    • 16,154 Posts
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    mum2one
    I've spent about 2 hrs going through the council tax form, easy enough to do, just getting the paperwork ready to use
    Need
    Bank statements - last 2 months
    Copies of all awards ESA and any other
    Proof of identifty

    What I'm doing is taking the form to the local office so they can photocopy the birth cerfiticate etc...

    Dont worry (we had my mum in a panic....) as when the close the original claim down the next bill you get is at full price - then there re-assess once you send doc's in. x


    Is it the funeral this Wed, hope it all goes ok, you all take care, make sure you take some time out to yourselves. x
    Tackling the debt free life one day at a time xx
    RIP Dad, - Always love you, - He was 1 in a million xx
    • chrisb1357
    • By chrisb1357 10th Jun 16, 5:06 PM
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    chrisb1357
    Hi all,


    Not been on for a few days as the funeral was on Wed and the memorial service was today.

    We had one reply from one of the pensions to say under the rules of the scheme the following benefits are now payable and they are currently calculating the benefits payable.

    1 - A spouse's pension equal to half of my dads deferred pension
    2 - A refund of contributions paid by my dad.


    They have also asked for me to complete a form which is called a family information form but one section on the form is asking Legal Personal Representative Details, Also asking for proof of grant of probate or letter of administration.

    Do I send it back now without this section completed or hold fire
    • Yorkshireman99
    • By Yorkshireman99 10th Jun 16, 6:06 PM
    • 5,396 Posts
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    Yorkshireman99
    Hi all,


    Not been on for a few days as the funeral was on Wed and the memorial service was today.

    We had one reply from one of the pensions to say under the rules of the scheme the following benefits are now payable and they are currently calculating the benefits payable.

    1 - A spouse's pension equal to half of my dads deferred pension
    2 - A refund of contributions paid by my dad.


    They have also asked for me to complete a form which is called a family information form but one section on the form is asking Legal Personal Representative Details, Also asking for proof of grant of probate or letter of administration.

    Do I send it back now without this section completed or hold fire
    Originally posted by chrisb1357
    If they are asking for proof of probate then you will need to wait until you have LOA. The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate.
    • chrisb1357
    • By chrisb1357 10th Jun 16, 6:32 PM
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    chrisb1357
    LOA does that mean Letter of Administration.

    So basically the contributions my dad paid will go into his estate.


    On another note is it worth sending letters to his old work places incase he had a pension and we cannot find the paperwork


    Chris


    If they are asking for proof of probate then you will need to wait until you have LOA. The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate.
    Originally posted by Yorkshireman99
    • Yorkshireman99
    • By Yorkshireman99 10th Jun 16, 6:39 PM
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    Yorkshireman99
    LOA does that mean Letter of Administration.

    So basically the contributions my dad paid will go into his estate.


    On another note is it worth sending letters to his old work places incase he had a pension and we cannot find the paperwork


    Chris
    Originally posted by chrisb1357
    Letters Of Administration
    Always worth asking.
    • chrisb1357
    • By chrisb1357 11th Jun 16, 9:53 PM
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    chrisb1357
    Hi all,

    Well all my letters are now out to the pension companies and ex work places of my dad.

    Today we also received two letters from the council saying there is an overpayment on the housing benefit and council tax benefit but the letters are named to EXORS or my Dads Name and Also has my mums name on both but further down the letter it just says my dads name.

    One says the debt of 71 is recoverable from the estate and an invoice has been attached which is addressed to EXORS of my Dad and c/o of my mums name.

    The other is a debt of 381 says is recoverable but not from the estate and has been added to the council tax account. This letter the figures says for dates from 13th June 2016 to 1st April 2017 so cant work out why they are dates in the future.

    New council tax and housing form completed by mum and ready to be sent in the post on Monday

    Its a mine field all this sorting out is and not sure what else to focus on next
    Last edited by chrisb1357; 11-06-2016 at 9:56 PM.
    • Savvy_Sue
    • By Savvy_Sue 12th Jun 16, 2:28 AM
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    Savvy_Sue
    Today we also received two letters from the council saying there is an overpayment on the housing benefit and council tax benefit but the letters are named to EXORS or my Dads Name and Also has my mums name on both but further down the letter it just says my dads name.

    One says the debt of 71 is recoverable from the estate and an invoice has been attached which is addressed to EXORS of my Dad and c/o of my mums name.

    The other is a debt of 381 says is recoverable but not from the estate and has been added to the council tax account. This letter the figures says for dates from 13th June 2016 to 1st April 2017 so cant work out why they are dates in the future.

    New council tax and housing form completed by mum and ready to be sent in the post on Monday
    Originally posted by chrisb1357
    I could be wrong, but I think what happens is that if Dad was receiving either or both of HB or CTB, then as of his date of death his entitlement ends (reasonably enough) and the calculation is re-done for full payment.

    The 71 MAY be for the period between Dad's d.o.d. and the date on which they received notification. Then they have billed 381 from 13th June to the end of the council tax year at the full rate.

    If Mum is now entitled to single person discount, HB or CTB, then that 381 will be reduced once they work through the forms you mention.

    Does that fit with the letters they have sent?
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    • mum2one
    • By mum2one 12th Jun 16, 11:34 AM
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    mum2one
    As Savvy Sue said she's spot on

    with the claim it's always in one persons name (like me it was in dads name as account holder with mum being taken into account),

    The 71 this will be from the date dad passed to the date they got the notification, the 381 that's the discount that would have been applied for whole term should ur dad been alive:

    When a person has passed they automatically assume that the other person has the money to pay as normal- the full amount-

    Like us - u need to apply straight away for a new claim.

    Fill in the forms for mum - see my earlier post about council tax - get u the documents prepared that ur need.

    On the form there is a box that's says do u want the award back dating and why - I put on mine the day after dad had died and the reason for backdating he had passed away and distressed with everything filling in forms as best as I can,

    Each council has different waiting times - our council they have a 8 to 10 week delay on processing forms - I have been told to pay the full council tax till they get it sorted as council tax is a priority bill - but to ring before I pay just incase anything has been processed .

    I appreciate mum is / they had council tax and housing benefit , hense the urgency to apply - depending on how long the wait is ur mum will need to either find the money or ring the housing association/ landlord and see what they say x
    Tackling the debt free life one day at a time xx
    RIP Dad, - Always love you, - He was 1 in a million xx
    • chrisb1357
    • By chrisb1357 13th Jun 16, 6:32 AM
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    chrisb1357
    I have a question regarding utilities and British Gas.

    I managed to log into my dads Britith Gas account and its in debt by around 150 total for gas/elec. Does mum have to pay what's outstanding or can she start her new account if I contact them
    • Yorkshireman99
    • By Yorkshireman99 13th Jun 16, 7:36 AM
    • 5,396 Posts
    • 4,560 Thanks
    Yorkshireman99
    I have a question regarding utilities and British Gas.

    I managed to log into my dads Britith Gas account and its in debt by around 150 total for gas/elec. Does mum have to pay what's outstanding or can she start her new account if I contact them
    Originally posted by chrisb1357
    As general rule you are not allowed to log into a deceased person's online accounts as this is a breach of legislation on computer misuse. Get in touch with BG and other utility companies and discuss the situation.
    • mum2one
    • By mum2one 13th Jun 16, 9:19 AM
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    mum2one
    Re gas and elec ring them and explain its a death there then put you throu to the breavement team

    Before you ring them take a note of the meter readings

    What they will do is close the account with the new readings bills will be sent out it will need to be paid then there a new account in your mums name, if you want to change companies then this is the time to do it if your happy with the existing supplier then there set up a new account and as bill as you want / direct debit / monthly pay card / pay when bill comes xx
    Tackling the debt free life one day at a time xx
    RIP Dad, - Always love you, - He was 1 in a million xx
    • mum2one
    • By mum2one 13th Jun 16, 9:22 AM
    • 16,154 Posts
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    mum2one
    The water rates.
    You need to notify them also ask if there is a low income scheme be based on your mums money,

    With us we pay in April and October, what was done with ours was the April payment was refunded and then new account in mums name , she didn't get the money back to pay out it was done as an internal transfer, we were told to apply for low income, the form is pretty standard to fill in income v expected expenses xx
    Tackling the debt free life one day at a time xx
    RIP Dad, - Always love you, - He was 1 in a million xx
    • chrisb1357
    • By chrisb1357 14th Jun 16, 12:11 PM
    • 832 Posts
    • 124 Thanks
    chrisb1357
    Hi all,

    Just some updates.

    Death In Service payment to my mum should be paid in the next few weeks so the housing and council tax benefit below will be informed once we have this. We did state on the forms to the council we are expecting this at somepoint. Also ESA will be informed.

    Housing Benefit & Council Tax Benefit form completed and ID ready to take with Mum on Wed. Landlord is going to bring a letter round to state how much my mum pays and that she is taking on the house. We have back dated to the day after my dad passed away.

    Rent is due in few weeks but until we get the above benefit and its back dated mum is unable to pay. Landlord is ok for us to miss this payment and to pay once we have the claim sorted above.

    Water company has also been informed and are sending a new bill out and have transfer the account into Mums names and payments and direct debit to stay as they are.

    Gas & Elec is with British Gas who I contacted there specialist team today. They said a bill in my dads name has just been sent out for the amount that is owed which is around 160 and to wait for this bill in the next few days and ring back.

    They said we need to decided if mum wants to take on the debt of 160 on my dads account or mum would like to start at 0 on her account and then the debt issued in a bill to my dads estate. To be honest I am not sure which option to take as at the minute mum does not have much funds.

    TV Lice have been informed and waiting a response

    Dads Mobile has been stopped and last payment refunded

    Health Cover found some paperwork in my dads folders regarding a health cover he had while working. I have informed them of the death and they said we are able to claim for the time he was in hospital upto a max of 20 days which is about the time he was in hospital for. I will complete the forms and this may get paid to dads estate not my mum

    ESA was contacted today as mum wanted to see if they needed to know about the death of my dad. They said as long as the DWP was contacted about the death then nothing else should be needed as ESA was just in my mums name. Do we need to contact the DWP or will the TellUsOnce service do this.
    Last edited by chrisb1357; 14-06-2016 at 1:07 PM.
    • mum2one
    • By mum2one 14th Jun 16, 3:30 PM
    • 16,154 Posts
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    mum2one
    Hi all,

    Just some updates.

    Death In Service payment to my mum should be paid in the next few weeks so the housing and council tax benefit below will be informed once we have this. We did state on the forms to the council we are expecting this at somepoint. Also ESA will be informed.

    thats good, take some pressure off.

    Housing Benefit & Council Tax Benefit form completed and ID ready to take with Mum on Wed. Landlord is going to bring a letter round to state how much my mum pays and that she is taking on the house. We have back dated to the day after my dad passed away.

    dont forget 2 months of bank statements as well.

    Rent is due in few weeks but until we get the above benefit and its back dated mum is unable to pay. Landlord is ok for us to miss this payment and to pay once we have the claim sorted above.
    bless his heart he seems one of the nice ones8

    Water company has also been informed and are sending a new bill out and have transfer the account into Mums names and payments and direct debit to stay as they are.

    dont forget to ask if mum is entitled to a discount off the bill,

    Gas & Elec is with British Gas who I contacted there specialist team today. They said a bill in my dads name has just been sent out for the amount that is owed which is around 160 and to wait for this bill in the next few days and ring back.

    They said we need to decided if mum wants to take on the debt of 160 on my dads account or mum would like to start at 0 on her account and then the debt issued in a bill to my dads estate. To be honest I am not sure which option to take as at the minute mum does not have much funds.

    Personally I would start at 0 and ask for the bill to come out of the estate,

    TV Lice have been informed and waiting a response
    There go one of 2 ways - refund the rest of the year and then you start a fresh or allow the bill to be carried on as normal.

    Dads Mobile has been stopped and last payment refunded
    Good

    Health Cover found some paperwork in my dads folders regarding a health cover he had while working. I have informed them of the death and they said we are able to claim for the time he was in hospital upto a max of 20 days which is about the time he was in hospital for. I will complete the forms and this may get paid to dads estate not my mum

    Thats good, check whether your mum was included on the policy, know with dads, mum and I were on the policy, so we had it transfered to the her name.

    ESA was contacted today as mum wanted to see if they needed to know about the death of my dad. They said as long as the DWP was contacted about the death then nothing else should be needed as ESA was just in my mums name. Do we need to contact the DWP or will the TellUsOnce service do this.
    Originally posted by chrisb1357
    The Tell us service will contact the DWP, on your behalf, with the ESA in mums name, there wont be any surprises down the line.

    It sounds like youve got everything organised well, I know this sounds daft, but check a couple of months bank statements just incase your dad had any standing orders / direct debits etc that you dodnt know about (online lottery, insurance etc).

    Take care x
    Tackling the debt free life one day at a time xx
    RIP Dad, - Always love you, - He was 1 in a million xx
    • Finst
    • By Finst 14th Jun 16, 3:44 PM
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    • 126 Thanks
    Finst
    Just on the refund of contributions for your dad's pension, check with the scheme whether it should go to the estate.

    Normally, a pension scheme death benefit can be paid to whichever beneficiary the trustees of the scheme choose to, instead of to the estate. If it would be better, you may be able to request the contributions be paid directly to your mum
    • chrisb1357
    • By chrisb1357 14th Jun 16, 8:15 PM
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    • 124 Thanks
    chrisb1357
    Evening All,


    Had a letter from HMRC today that is titled Estate of My Dads Name


    It says they need details of the person responsible for finalising my dads affairs and the person can be known as the executor, administrator or personal representative. Also they are suggesting we nominate a solicitor or legal company to deal with it.


    Not sure what to do with the form


    Also should we now be thinking about contacting a local solicitor to help with the affairs as someone as recommended one very local to us that helped her out in the same situation for a good price and will take a lot of the stress of my hands as I am working full time at the minute.


    Many Thanks
    • chrisb1357
    • By chrisb1357 14th Jun 16, 8:18 PM
    • 832 Posts
    • 124 Thanks
    chrisb1357
    Hi Finst,


    Are you taking about the refund of contributions from my dads private pensions he had. We are waiting to here back from them all still.


    One has responded and Yorkshireman said this about it "The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate."


    Many Thanks










    Just on the refund of contributions for your dad's pension, check with the scheme whether it should go to the estate.

    Normally, a pension scheme death benefit can be paid to whichever beneficiary the trustees of the scheme choose to, instead of to the estate. If it would be better, you may be able to request the contributions be paid directly to your mum
    Originally posted by Finst
    • getmore4less
    • By getmore4less 14th Jun 16, 10:11 PM
    • 37,248 Posts
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    getmore4less
    You will need to see what the pension companies say about everything they will pay out.


    HMRC.

    probably fairly standard letter as he was working there will need to be a income tax return, that will likely result in a tax rebate

    that will cover tax year up to DOD.

    there will them be estate accounts.

    These are manageable and do not need a solicitor

    NO need to rush this just yet add it to the list as something to look at over the next few weeks.

    Agree with M2O new account for the Gas/Elec and have the estate deal with the old bill.

    Do not be surprised if this gets passed to solicitor/debt collectors quite quickly if BG are sill using them to manage the collections.
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