CoHabiting Couple. One Dies. Others Entitlements?

thecleverone

Hi All

I don't know where to post this but i thought this would be the best place so bear with me.

A friend of mine passed away suddenly in hospital last week after going in to receive treatment for a minor illness. While in hospital, she suffered a stroke (unrelated to original illness), which unfortunately led to her death.

Her situation was that she had been co-habiting with her partner for over 28 years. In all senses they were like a married couple, but they never signed that piece of paper.

Now since she has passed, her partner has been left with a minefield of paperwork that he is trying to sort through, e.g. mortgage, loans, credit card debts etc. He has a lot of questions but no one can seem to answer them.

In relation to the mortgage. The mortgage company has advised him that he can put a stop to the standing order for mortgage payments until the mortgage protection policy clears the mortgage. Unfortunately due to the fact that the deceased had to have an autopsy/post mortom, he has been advised that it could take anywhere up to a year to get the death certificate due to the circumstances surrounding the death. The mortgage cannot be settled until the death cert is issued but the interest will still be accumulating on the o/s amount. Is there anyway to stop the interest accruing or will he just have to pay it anyway?

In relation to a loan that she took out in her own name, the banks have told him that he has to pay it, even though it are not in his name and even though he did not guarantee it. They are treating them as if they were married and although the payments came out of a joint a/c in both their names, the loan was ultimately in her name. Does he have to pay this?

Is he entitled to any benefits etc? I know he doesn't qualify for a widowers allowance but the problem is he needs to know if he is entitled to any benefits after paying taxes for the last 25 years. The reason being is that they both have two little girls that they foster. One they have had since she was 7 months old (shes now 2)and the other they have had since she was 3 (shes now 7). Because the deceased is no longer there to provide full time care to the foster kids, he has had to give up work to look after them. These kids are more than likely with him for the long haul and it would break his heart to see them go to another home as they are his kids. I know not in the literal sense but they call him dad and he views them as his children. If the kids got taken away from him, his whole world will fall apart as they are everything to him as he is to them.

So now money is dwindling, no sign of the death cert for approx 1 year, he can't work as he is looking after the kids, he has no benefits as they were not married... i'd really appreciate it if anyone could point me in the right direction as to how i can help him. He's completely lost and even after spending 3 hours with citizens information, they could not help him as his situation is a very unusual one. They advised him to go back to work but that would mean giving up the kids which he is not prepared to do. And as there is no money coming into the house (apart from childrens allowance), he's said he can't afford a solicitor and i feel so helpless.

Sorry for the long post but any feedback would be appreciated

Jo King

Has he tried to claim unemployment benefit? Has he approached a Flac centre?
Will there be money available when the insurance pays out?

bigjohnny80

urgently seek legal advice. the banks are not to be trusted. My brother in law died a few years ago and the bank tried to abdicate all responsibility. did not want to give up the mortgage, tried tol get back the car loan etc. only when solicitor and then a barister got involved did everything get sorted

hope this helps. I think its the best thing your friendnd should do

seamus

As above, he needs to urgently speak with a solicitor who specialises in the areas of death, probate, etc.

The last thing a person wants to do after the death of a partner is to get immersed in all very technical legal wrangling, but the quicker it gets sorted out, the easier it will be in the long run.
A good mate is a good help

Victor

thecleverone wrote:

A friend of mine passed away suddenly in hospital last week after going in to receive treatment for a minor illness. While in hospital, she suffered a stroke (unrelated to original illness), which unfortunately led to her death.

I'm sorry to hear.

Now since she has passed, her partner has been left with a minefield of paperwork that he is trying to sort through, e.g. mortgage, loans, credit card debts etc. He has a lot of questions but no one can seem to answer them.

Let them happen. there is no need to sort them 'now'. Get some advice and don't stress over such things.

In relation to the mortgage. The mortgage company has advised him that he can put a stop to the standing order for mortgage payments until the mortgage protection policy clears the mortgage. Unfortunately due to the fact that the deceased had to have an autopsy/post mortom, he has been advised that it could take anywhere up to a year to get the death certificate due to the circumstances surrounding the death. The mortgage cannot be settled until the death cert is issued but the interest will still be accumulating on the o/s amount. Is there anyway to stop the interest accruing or will he just have to pay it anyway?

I understand there is a cersion of the death certificate called something like a Certificate of Fact of Death, with no cause of death stated. This might be enough for the mortgage company. I suspect the mortgage policy will cover any interest anyway, but its something to check. Check out http://www.coronerdublincity.ie/

In relation to a loan that she took out in her own name, the banks have told him that he has to pay it, even though it are not in his name and even though he did not guarantee it. They are treating them as if they were married and although the payments came out of a joint a/c in both their names, the loan was ultimately in her name. Does he have to pay this?

He doesn't have to pay it, but it will have to come out of her estate. If he wants, move the money from the joint a/c to a sole account.

Is he entitled to any benefits etc? I know he doesn't qualify for a widowers allowance but the problem is he needs to know if he is entitled to any benefits after paying taxes for the last 25 years.

Surely he is entitled to a single parent allowance. Maybe it is means tested and his income to date exceeds the threshold. He might also be entitled to a bereavement grant.

The reason being is that they both have two little girls that they foster.

Aren't foster parents paid a fostering allowance?

So now money is dwindling, no sign of the death cert for approx 1 year, he can't work as he is looking after the kids, he has no benefits as they were not married... i'd really appreciate it if anyone could point me in the right direction as to how i can help him.

The local community welfare officer might be able to provide some immediate assistance.

He's completely lost and even after spending 3 hours with citizens information, they could not help him as his situation is a very unusual one. They advised him to go back to work but that would mean giving up the kids which he is not prepared to do.

Is there a family member that can look after the children, even part time?

And as there is no money coming into the house (apart from childrens allowance), he's said he can't afford a solicitor and i feel so helpless.

Talk to www.flac.ie alternatively, I suspect many solicitors might be happy to help, once they get their fee when things are settled down. The first chat is often free anyway.

It might be useful to talk to www.mabs.ie for help in managing money.

carveone

Just my 2c, but a lawyer told me that cohabiting couples in this country have no statutory rights whatsoever as regards inheritance, widowers allowance etc. They are strangers in the eye of the law. This "common law" wife/husband was a phrase coined by a newspaper and has no basis in law. Some people aren't aware of this.

He will certainly need a lawyer to take of this. Personally I don't understand the issue with the mortgage but bigjohnny80 and seamus are absolutely right - listen to a solicitor and never listen to some bloke in the bank. My brother has had many dealing with banks and bank officers just make stuff up...