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Late Husband's Bank Account
34 Answers
Both my husband and I have separate accounts with the same bank. His account was the account that his earnings went into and from which all payments and DD's were paid from. I always carried his card and used it to shop for food, petrol etc.
The day after his death I transferred most of the balance into my account and just kept enough there to cover the DD's for this month.
I should ring the bank and inform them of his death and close his account. Will they be miffed that I knew all his bank details, (I used to do all the electronic payments for him) and will they change all the DD's over to my account?
Thanks
The day after his death I transferred most of the balance into my account and just kept enough there to cover the DD's for this month.
I should ring the bank and inform them of his death and close his account. Will they be miffed that I knew all his bank details, (I used to do all the electronic payments for him) and will they change all the DD's over to my account?
Thanks
Answers
Chrissa
20:22 Mon 21st Feb 2011
No when he died they will have expected you to look through his papers and found his bank details. But you have taken money out of his account after the date of his death which is a big no no. All the dd's should have also been cancelled. If his estate is large enough to go to probate the balance at his date of death has to be taken into account for probate puposes. This is anything in his own name totalling £5,000 or more, including any jewellery or possessions and life insurance policies that will pay out, unless they have been paced in Trust.
If the estate is less than £5K the Bank can pay out funds under an indemnity. All the direct debits you still want to be paid have to have a new auithority signed by you and paid out of your personal account.
If the estate is less than £5K the Bank can pay out funds under an indemnity. All the direct debits you still want to be paid have to have a new auithority signed by you and paid out of your personal account.
Looks like you will only need to sign an indemnity at the Bank. Don't forget though that any insurance policies or death in service payment from his employers (if he was working) have to be taken into account. Unfortunately the Bank has to follow the law. The funeral bill is something they can pay from his account on your behalf if the funderal company will not wait until you are sorted. I am sure the Bank will do everything in their power to help you. Nobody will want to put you through any further distress at this sad time.
Chrissa firstly I'm very sorry for your loss and dealing with this kind of stuff at the same time is awful. I don't think however you can just take over his account and do things with his pensions however honourably. Do you not have a solicitor? There will still have to be probate and until then his account will be frozen. Take mamya's advice and speak to the bank (wirh a copy of the death certificate). Hope all goes smoothly (I'm no expert at all just know what happened when my mother died - I might be completely wrong in your case).
Don't worry, as his estate is so small I am sure they will be able to do the indemnity there and then when you visit, yes you have technically done wrong but worst case scenario they may make you return the funds you transferred out while they put the indemnity through. At the end of the day had you felt up to going in the day he died everything would be in your account and sorted by now so they are not going to go out of their way to be difficult under your circumstances.
chrissa when you inform the bank of your husband's death they will freeze the bank account until you have completed the probate process. Whether or not the estate is large enough to need the full probate process, HMRC will still need to agree that the estate is an excepted one, ie that no tax is due. People can give their bank details to whoever they like so that bit won't be a problem. If there is no will then you need to go through the intestacy process.
http://www.hmrc.gov.u.../find-right-forms.htm
http://www.hmrc.gov.u...o/probate-process.htm
http://www.hmrc.gov.u.../find-right-forms.htm
http://www.hmrc.gov.u...o/probate-process.htm
Hi chrissa- I can't answer your question about how you are supposed to afford to live until it's sorted out, but I think it is regarded as fraud to use someone's account after they've died. You need to speak to the bank urgently- they will be used to dealing with these things quickly and sympathetically.
Chrissa do not worry you have enough on your plate. Keep your appointment with CAB on Monday, that is important. When you get to the Bank ask to speak to someone senior who can help you sort everything out. Explain that you did everything in good faith not realising the implications and let them know your husbands estate is below the £5000. I have assumed any house you own is already in joint names. There is no legal requirement for you to go to probate for a small amount. My advice comes both from 35 years in banking before my retirement 15 as a Manager and the experience of dealing with my stepfathers estate when he died, all he had was a couple of small accounts as I had helped him put everything else in joint names when he became ill.
I hope that there is someone in the branch you visit with the experience to help. Any branch should do, you should not have to go to the one that holds the account if another is nearer.
I hope that there is someone in the branch you visit with the experience to help. Any branch should do, you should not have to go to the one that holds the account if another is nearer.
