Where does my mum stand legally?

[philandlil]

My Mother's partner is terminally ill, they have lived together for 8yrs but never married. My question is when he dies where will she stand legally (he doesn't have a will). Who pays the funeral costs, does it come out of any money he currently has? He has 3 children by his wife who died. Also he moved into my mother's house which she owns and he never paid any bills or the mortgage, he might have contributed to the food shopping. will his children be able to get there hands on the property?

[lady_p_gold]

I am not a lawyer but I would say that if they never married and the house was in her sole name that his children would not have any claim on the property. You say he is terminally ill .. is he too ill to make a Will now ? Also when he dies who will sort out the funeral, your mother is under no obligation to do so but might want to out of love or respect, but his children would also want to be involved and of course without further information one does not know if they all get along or if it is all going to cause a problem. If at all possible my advice would be to try and get things sorted out before he dies and to make his wishes clear, and to put aside some money for the funeral from his estate so that there is no problem later on.

[lady_p_gold]

Also, if he has any life insurance, has that been thought about, has he named a beneficiary - it would seem fair that your mother got something from the estate after housing him for eight years with what sounds like little contribution, although that may have been because of his ill health, however it sounds as if she has been more than caring.

[dzug]

The funeral expenses will come out of any money he has personally. If he doesn't have enough then it's whoever arranges the funeral.

The three children will then get what's left of his assets.

The house is your mother's - they have no claim on it

[les saisies]

Why not just make a will?

Everything can be clarified before his death and your mother can be reassured as to the legal position by a solicitor..

[philandlil]

Thank you all for your answers.

He has cancer which has spread and is now in his bones. He gets very confused maybe because its spread further or maybe thats because of the medicine's that keep the pain under control. so i don't think hes in any fit state to make a will. I don't think he has any insurance. My mother has been caring for him since november when he became too ill to go out of the house with no contribution at all from him, any attendance allowance goes straight into his bank account which she has no access to.

[dzug]

It would be worth while if at all possible getting him to sign a document authorising paying the attendance allowance to the mother, plus a cheque/withdrawal authority for the money that's there. Him understanding a will sounds more dubious.

As it stands the 3 children will get whatever is left in the bank account after paying funeral expenses. They (or their solicitor) will also have to administer the estate - the Probate Office will not let anyone else do it unless they all renounce their right to do so.