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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have lived with my partner for 20 yrs. they have passed

Customer Question

I have lived with my partner for 20 yrs. they have passed away. There is no will, and no one appointed to administrate his estate.
Who is responsible for his burial?
Who is responsible for his debt?
Who is responsible for his estate?
Who is his Next of Kin?
How safe is my house because we have a joint mortgage?
Can you help me please
Submitted: 1 year ago.
Category: Family Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry and am sorry to hear of your loss. Did your partner leave any surviving child, parent or brother/sister? Kind Regards Al

Customer: replied 1 year ago.
he has three girls with different partners in the past.
Customer: replied 1 year ago.
Sorry, he also has a younger brother and his Mum and Dad are both still alive.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. As no Will was left, his Estate is administered in accordance with the strict rules of Intestacy. This means that it is up to any of his children to apply, on a first come, first served basis, to the Probate Registry to become the Administrator of the Estate. The appointed Administrator then has the right to make decisions concerning the funeral and is under a duty to administer his Estate (ie collect in his assets and distribute it in line with the Intestacy rules- the rules state that his Estate is divided equally between his children). As regards ***** ***** bank accounts and jointly owned property, these will pass automatically to you. s regards ***** ***** the property must however be held by you both as Joint tenants. I hope this assists and sets out the legal position. Please let me know if you require any further clarification. Kind Regards Al

Customer: replied 1 year ago.
What happens to the debt on the property? Does that just become mine or is there a claim against his estate?
O if there is any life assurance in his estate should that pay off the house mortgage first?
Expert:  Aston Lawyer replied 1 year ago.

Hi, the joint mortgage becomes your responsibility, as this is a joint mortgage. As regards ***** ***** insurance, if it is a joint policy, or is on trust for you, the monies get paid to you. If not, I'm afraid it forms part of his Estate, which passes equally between his children. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, if I have helped, please don't forget to rate my answer. Thanks Al