Partner died intestate, can I be a trustee?

[IndecisiveRabbit]

My partner died unexpectedly on Wednesday. We have three children, all under 18. We own a house together, as tenants in common. He had no will and we were not married. We had been together for 23 years. From what I have read, his portion of our house and all his belongings will go to the children, and I will not be able to apply to be an administrator of his estate, but may be able to be a trustee of the children's trust where his assets will go. Is this correct? Please no comments on our stupidity, I have enough to deal with. Thank you.

I’m so sorry for your loss @IndecisiveRabbit it is clear how much you loved Tom from your words.💐

I am so sorry for your loss, my condolences to your family.

Thankyou for posting this, I hope your post gives someone else the impetus to sort out their will and financial assets. It really is important. It will be a small gift to a stranger from you and your lovely Tom.

If everything is in joint names, house finances, it automatically comes to you?

Condolences on your loss and I am sending you love and strength to get through this difficult time.

No, the OP said that they were tenants in common, not joint tenants.

The OP has not said this.

One thing the solicitor is duty bound to ask so I'll mention it ahead of time as it can otherwise come across as a heartless or insensitive question.

Was your partner previously married and if so, was a Decree Nisi granted and what, if any, financial arrangements made at the time of a divorce remain to be finalised and secondly, did he have other children or anyone dependent upon him?

I'm sorry for your trouble.

OP presumably is their guardian…?

Sincere condolences on the loss of your loved one OP.

I'm really sorry you are going through this. I dont wish to sound heartless but apply for a reduction in your council tax now, you'll need the money https://www.gov.uk/apply-for-council-tax-discount. when you register the death get several copies of the death certificate as each person you contact will need an original and it save time.

Cant give good advice without knowing what country you live in, whether you were financially dependent on him in any way (you could possibly have a claim on his estate if so), if he had any life assurance and whether he had a workplace pension and if so whether you were nominated as a beneficiary. But assuming England or Wales you may find this helpful https://www.gov.uk/when-someone-dies

https://www.gov.uk/applying-for-probate/apply-for-probate You'll need to speak to the Liverpool Probate registry 0300 3030 648.

From the OP it appears that the OP is the mother of the children:

"We have three children, all under 18. ... We had been together for 23 years."

So she will have parental responsibility.

when you register the death get several copies of the death certificate as each person you contact will need an original and it save time.

Don't assume she can register as they were not related (married). The rules for England and Wales are:

Who should register the death
A relative should register the death.
If a relative cannot register the death, you can do it if you:

• were there at the time of death
• are the person who found the body
• are the person in charge of the body
• are in charge of making funeral arrangements

From https://www.gov.uk/register-a-death/y/england_wales www.gov.uk/register-a-death/y/england_wales]]]]

I had imagined OP would be making the funeral arrangements and could therefore register the death. If that is not the case and, say, his parents have insisted on doing so, then the informant should still have several copies of the death certificate. Personally if I was administering the estate I'd have 4 copies - one for OP for council tax, others to use for mortgage company and land registry, any insurers (dont forget car insurance, OP), any outstanding debts, employer. OP and each child has a copy to keep afterwards.

OP sometimes the circumstances surrounding a death are such that you may need to make legal claims on behalf of the children. You are likely to need a solicitor at some stage and I'd check any insurance policies you have in case they offer a free legal helpline. A friend had to make a legal claim for his sibling's children against the siblings car insurance when they died in a car accident. That was when myself and my husband made wills.

I'm sorry for your loss.

If your partner had a work pension with a death in service payment you might have been put down as the nominated person. I believe who is paid is at the discretion of the scheme so even without a nomination you might be able to receive this.

You might be eligible for bereavement support (you don't need to have been married for this)
https://www.gov.uk/bereavement-support-payment

Going to see a solicitor is the best thing for the OP to do. They can sort it all out and do the necessary paperwork.

OP you can use the Tell us Once service if you register the death. The registrar gives you a code to use, all the necessary services will know of the death. The registrar will explain to you how it works. I used it when my DH died.

Definitely apply for the bereavement support payment asap. The eligibility rules have changed recently to include partners as well as spouses after extensive campaigning. The payments are also only backdated so far, so don’t wait too long or you’ll miss out.