Withdrawing Decease's Funds

[Beswad]

My mum became a widow in 2004. My dad had a current account in a bank with just approx �1000 but forggotten to mention it when he passed away. Now my mum wants to withdraw all the remaining funds. The problem is my dad did not leave any instructions or a will behind.

To add to further hinderance my mum's sir name in her passport isn't the same as my dad's, would this pose a problem?

Where do my mum stand on this matter? We are thinking of going to seek legal advice with all the relevant documents. Can we go to a solicitor for advice?

[lady_p_gold]

Yes you do need to seek legal advice - what about any of his other assets, the house etc. you need to get it sorted out, as his next of kin I would assume that she will inherit everything but it needs to be done properly it will not just 'happen'. I do not think the name will be a problem, as long as she has the marriage certificate and can prove they were legally married.

[themas]

If he didn't have a house or any other assets (car, savings etc.) then be a bit careful about going to a solicitor because you could find that a fair bit of the �1000 is used up with the solicitor's fees. Make sure you get a fairly definite quotation for the fee before instructing the solicitor.

As an alternative, you could ask the bank whether they would transfer the money to your mother without probate being obtained if you gave them proof of his death, and of the marriage. I think sometimes some banks are willing to do this.

[dzug]

Yes, go to the bank first to find out what they need. Avoid a solicitor if you can.

They are entitled to insist on Letters of Administartion (equivalent of probate where there is no will) but most will not for this sort of sum if it is the only asset.

[themas]

Two further thoughts:-

1. If the �1000 is the only asset and the bank won't play ball your mother (as next of kin) could apply for Letters of Admin. herself because it should be fairly simple - getting help from a friend or CAB to complete the forms if necessary. www.netprobate.co.uk has info., including a booklet "How to obtain probate" and copies of the forms.

2. If there is a house and it was owned jointly with your mother then - provided it was owned as joint tenants (which is very likely) - your father's interest in it is not part of his estate and transfers automatically to your mother. In this case, she needs to contact the Land Registry and arrange for his name to be removed from the title. I believe they do not need Letters of Admin. to do this.

[Beswad]

Thank you all for your reply. I really apprecitate your advices.