House Clearance Help & Advice: What if your loved one has not made a will?
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If your loved one passes away and they haven’t made a will then they are said to have died intestate, if this happens then it is the law who determines what happens to your loved ones possessions, affairs and who inherits the estate.
If there is no will then you might be better seeking expert help from a solicitor, if there isn’t a will then it can take months or even years to sort out a person’s estate. Depending on how complex the situation it could be in your best interest to seek the advice of a solicitor as soon as you can after the death of your loved one.
If there is no will then you will have to gather together all the relevant documentation needed, you should also take an inventory of any valuables from the deceased.
Who can deal with the person’s estate if there is no will?
It is usually the closest living relative of the deceased who will take charge of the estate if no will has been made. This means that if there is a surviving spouse then this will fall onto them, following this are the children of the deceased followed by the deceased person’s parents and then brothers.
All debts which the deceased has left had to be paid first by law, this means that any credit card, loans and mortgages. After the outstanding debts have been paid then the rest of the estate is then divided under the Administration of estates act.
This means that usually the husband or wife will get everything if there are no other relatives, if there are children then the husband or wife will get the majority of the estate and then the rest will be shared equally among the children.
What if there isn’t enough estate to cover the debts?
If there isn’t enough money left to cover all the debts that are owed by the deceased then they have to be paid in a certain order. If the deceased owned a mortgage then this is the first debt that has to be covered by the estate, following this any funeral expenses have to be covered and debts owed to those who have dealt with the will if there was one.
Next any outstanding taxes that are owed to the H M Revenue and customs need to be paid, the department of works and pensions come next, it is essential that they are informed of the death as any benefits which are paid after the date on the date certificate will have to be repaid. Finally any unpaid pension contributions or wages will need to be taken care of.
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