My daughter's father has died intestate is there anything I need to do?

[thornrose]

My dd's dad and I separated years ago but he has maintained regular contact with us. I just found out that he died very suddenly. I'm pretty sure he didn't have a will. He has no other children.
I think he has a mortgage in his name (perhaps jointly with his brother.)Does anyone know if his share will pass onto our dd? He didn't get on particularly well with his brother and mum and they are obviously handling all his affairs now. Is there a way they can deny our dd any inheritance?

How old is your dd?

she's 10

www.hmcourts-service.gov.uk/infoabout/civil/probate/why_will.htm#chart

somewhere well down that link it says if no spouse but there are children the children inherit everything..

If he had no spouse and no other children, your DD should be the solo beneficiary of his estate.

A spouse would be next of kin. If there is no spouse, then all children would have an equal share. It would only go to his siblings if he had no children/grandchildren.

It will be held in trust though wont it? leaving that aside and much more importantly - how is your dd? It must be a very difficult thing for her to deal with.

I'll have a read of that thanks. I know I'm dim but I have no experience of this, what if ex's family say he has no children? Who checks these things any idea??

had you a maintenance agreement set up etc? had he parental responsibility? is he on the birth certificate?

Oh god it's horrible, I hope I don't sound mercenary.
It is an awful thing to deal with and at the moment we're a bit lost. Dd has Aspergers which adds a new dimension. She's worried she doesn't feel "bad enough" bless her.
I was a single parent now I'm an "only" parent, totally different ball game.

No maintenance agreement, never signed for parental responsibility, we were never married and yes his name is on the birth certificate.

Name on the birth certificate is all the proof you need. The law assumes that the man named on the birth certificate is the biological father of the child until proven otherwise.

I had a conversation with the brother and he said it is going to cost £9000 for the funeral and I felt he was expecting me to contribute. He said the undertaker will not take the body until he's paid "up front". This does not ring true somehow!

It doesnt cost that much for a funeral - in no way. You choose what the funeral costs beyond the basics iyswim.

And that money cant come out of the estate if your dd is the beneficiary - take proper legal advice or go down the CAB.

A funeral doesn't cost that much. I read that its around £1000 for a 'standard' funeral.

Also IME undertakers do not ask for the money up front.

I think that the brother is trying to play you for a fool TBH. Funerals can cost a lot, but not that much. I think you should see a solicitor ASAP about the inheritance for your DD, explaining the circumstances, make a note of all the names of extended family. Sounds like you might have a rocky road ahead. Good luck.

That's what I thought, I looked online and the "average" cost of a funeral is £2,500. I presume they are going way over the top for it to cost £9000 which is silly considering they are bemoaning the fact they are trying to get loans to pay for it!
I don't know the solicitor they are using or the address of the property and I can't exactly ask the family. I just know that dd's dad would want her to have her entitlement. His relationship with his mum and brother was awful and he would hate the fact they are now sorting out his affairs. He was only in his 40's and this was so unexpected. A lesson for me - make a will!!

We just buried my mum and the funeral, plus a separate interment cost about £3,000. So £9,000 sounds wrong.

Ask the brother for a copy of the death certificate and take it to a solicitor or the CAB together with your daughter's birth certificate. They'll know how to register her claim.

Also ask for the quote from the funeral director. If they're really charging that much, I'd suggest another quote. But definitely don't hand over any money. Funeral expenses come out of the deceased's estate before anyone inherits.

I hope your daughter's ok

Is the house just his or not? That makes a huge difference and how it is held - joint tenancy or tenancy in common?

I think it is probably best to contact a probate lawyer and enquire there. Yiu need to see a solicitor who specialises in this area of law rather than just a general practise one ideally.

FUneral costs can come out of the estate.

You must make a will, yes. Once it is all sorted out even more important as you are likely to be the trustee for your DD. You need a solicitor though, don't worry that you don't know their one or the address, your solicitor will sort all that stuff out (info fromthe death certificate etc). The family sound like a right handful so don't give them any money, don't sign anything, just remember what your dd's father would have wanted for DD and that she is entitled under law, and stay calm. It might take a while to sort this out but a solicitor will take the hassle away from you.

Jut seen funeral cost. DH is a lawyer who deals with this area of law and he says average funeral cost is £2500.

I believe the house is in joint names with his brother. It was passed to them when their uncle died a couple of years ago. I think they have tenants in there.
Thanks so much everyone for good advice. I just have a bad feeling about all this.

I'm really sorry to hear this. My dad died suddenly a few years ago and having organised the funeral (v small, no cars etc) the total cost was about £800. Service at the crem, no organist, family flowers etc

I really hope your dd is ok and that you are too, I am really sorry for your loss and hope everything works out ok

P.S I didn't use a solicitor either as there was no will. It all went 50 / 50 between myself and my brother and I dealt with all the paperwork.