Funerals - no-one can pay

[sosaad]

Very sadly my lovely mother in law died. Then, a few days later, suddenly, but not too unexpectedly, my father in law died.

My parents in law were very private people and never discussed finances. My husband (my MiL's son and stepson of FiL) has had chronic mental health problems and is now in a care home. Any close relatives, including me, live on a hand to mouth financial basis. Therefore, the problem of how we pay for two funerals has raised questions.

From what I understand, if no-one can pay for a funeral, then the local authority will provide a basic funeral. I also know that my husband would be able to claim for funeral expenses (we live separately), but I do not think that would cover two funerals or a joint one. I work, but have no savings. I am also not able to take out a loan.

My parents in law have a large house which I think they own fully, and this also has some land. However, no-one knows if a will was made or where it is. It is all a bit of a mess.

I am trying to sort things out, but could do with a little advice about how to sort out a funeral of some kind.

Thanks

I think the previous reference to POA was concerning the OP's husband who is in a care home and possibly unable to take care of his mother's probate etc. If OP has POA for her husband then she can do this on his behalf.

FiL is his stepfather and he had no children (apart from his step-son, DH).

Did FIL have siblings?

If you can't find a will is there a solicitor that the family used generally (may be for other wills) or that they may have used for anything? You could try ringing them to see if they did the will and have a copy of it. Land registry will know if they owned the house if there is any doubt.

The local authority will assume responsibility for the timely burial/cremation of a deceased and consequently take responsibility for the recovery of costs. Thereafter they will distribute remaining assets l, if applicable, to next of kin.

@sosaad whatever you do, do NOT be the one to contact the undertaker!! if you do, then you will be chased for payment!! ask the hospital where your husband is. they will have a social worker for him, but if step father died last, your hubby might not inherit so even he should not arrange the funeral. are there any relatives on stepfathers side? brother, sis, sons, nephews etc??? they are the ones who will be inheriting and should really arrange the funeral.

They meant POA for her DH who is in a care home with MH issues and who is NOK

Thanks for clarifying. Apologies to @sosaad

So sorry for so many losses within a short space of time and no doubt the heartache of having to tell your husband and the fallout from that news.

I would speak to your nearest independent funeral director as they will be able to guide you. A family friend died back in 2011 and she had no family. The local authority arranged her funeral, but it was almost three months between the time she died and was buried. Just thinking that could be quite tough for you and your husband.

If you're on benefits you or DH (or someone acting on his behalf, anyway) might be able to apply for this money: https://www.gov.uk/funeral-payments

If there is an estate and in particular a bank account in existence then the bank will usually allow an outwards payment to a funeral director to cover costs before probate is granted.

Couple of points to bear in mind, I believe cremation is nearly always cheaper than burial but I did find one town where it was more expensive so check. If there is a ceremony and mourners you do not need any extra cars beyond what is needed to transport coffin(s). Each car racks up the cost.

If they have any bank accounts the money in these can be used to pay for the funeral. The funeral costs are the 1st debt on an estate and the money for same can be deducted from any accounts before probate or Letters of Administration. If no wills the laws of intestacy come into play. Also any joint accounts the deceased is removed and goes into name of survivor so as your mother died 1st a joint account would be amended into sole name of your step dad and then would be stopped as he is now deceased.
There could be a few scenarios here so you really need to see a solicitor. Also if you have POA for your husband that may make things easier.
I really hope that they both made wills.

If there is enough money in their bank according. You need death certificate, funeral invoice and take it to their bank, bank will either issue a cheque or pay electronically.

Any other expenses, wake, burial can be claimed back from the estate.

To add you don't need a will for funeral costs.

As well as searching at the house, many people leave wills with solicitors to look after. You can try calling local ones to see if your PiL have done that and also use the National Will Register where many people register their wills so they can be found more easily.

I said if she was her husband’s POA. Otherwise, a DIL has no legal right to access the estate and no standing to be granted letters of administration.

Her husband is not dead so if she has his POA she can gain access to bank accounts etc. in his place.

Speak to their local authority /council.
They do arrange funerals if there is no estate or direct descendants/no one in a position to do it.
It would be direct cremation.
However they will claim any money from estate to cover costs.

Yup, got that, see above.

I think the point a lot here are missing is that step children do not inherit under the laws of intestacy unless they were formally adopted.

If there was no will then the estate, I believe, would pass to siblings/parents etc of FIL, not to your DH. If he has no siblings/parents then it's whatever the rules of intestacy state. But step relatives are not included.

If they have money in the bank this can be accessed by the funeral directors, presumably with legal safeguards. You don't have to wait until inheritance/will is sorted out.

I think I’d see where a PP was going with the question regarding whether FIL had any siblings. This could be quite complex as some assets may have transferred to FIL on mum’s death. If FIL has siblings then they are his NOK, not DH.

Except they wouldn’t if there was no will because there was less than 28 days between deaths.

Even if there was a will, most solicitors include a 28 day survivor clause (the spouse only gets the money if they survive 28 days). It’s aimed at things like air crashes where you can’t be sure who died first but it would also apply here.

Thank you for these really helpful replies. DH is my MiL's only child. FiL is his stepfather and he had no children (apart from his step-son, DH)

If your FiL died without having made a will, unless he formally adopted DH, DH won't inherit anything.

If FiL doesn't have any other children, his NOK will be siblings, parents, children of siblings, cousins and they keep going until they find a living relative. It won't be your DH unless Fil (as he died after MiL) left a will leaving everything to DH, or if MiL left a will leaving everything to DH and no to FiL.

Not true since FIL didn’t survive his wife by 28 days.

That's assuming assets were joint surely? If FIL was the sole owner of the home then it would stand that DH would inherit nothing, right?

OP isn't sure if the home is owned fully, it could be that the assets weren't joint at all.