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Category: Law
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Please. My mum recently passed away in March not leaving a

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please. My mum recently passed away in March not leaving a will. My mum was married to my step dad and my mum had over £270,000 in bank accounts and I found out today me has also received my mums Council pension. What can I do?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: London
JA: What steps have you taken so far?
Customer: Nothing yet. I've tried talking to my step dad but nothing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm on Income based Employment Allowance

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 15 days ago.
I feel lost. I've known my stepdad as my dad longer than I've known my own dad who died when I was 14. My mum and step dad were bringing up my 8 year old niece and now he takes care of her. I look after my niece in the holidays I feel hes being greedy. I also have a younger sister somewhere not sure where. Hope you can help. My mum always told my auntie that she wanted me to have her Council Pension but couldn't get her affairs in order mum died too quickly. Hope you can help me

Was your mother and your step-father legally married?

Customer: replied 15 days ago.
Customer: replied 15 days ago.
Can you help

Under UK law, if someone dies without a will, their estate becomes subject to the rules of intestacy. Under these rules, only married or civil partners and sometimes specific close relatives (children) can inherit from the estate.

As your mother was married and survived by a spouse and children, the spouse inherits the personal effects or chattels of the deceased, the first £250,000 of the estate, and half of the remaining estate. This means that in cases where the estate is less than £250,000 the spouse or civil partner will inherit the whole of the estate;

As the surviving spouse, your stepfather is entitled to £250,000 of the money in the bank. The excess will go to you, and if you have any other siblings, you will divide amongst yourselves the remaining.

Has the Pension Office been advised that your mother has died?

Customer: replied 15 days ago.
he got that
Customer: replied 15 days ago.
I found out today

You can also call the Pension Office to ask for the details about your mother's pension, like has she nominated someone to receive it after her death. As you have said that your mother wants you to have her Council Pension.

Customer: replied 15 days ago.
Mum didn't nominate anyone. On the form I filled out I wrote that mum told my aunty that mum wanted me to have her Pensioni even wrote my aunts mobile number and her name but the Pension people didn't even telephone my aunt

Why don't you try calling them again or go to their office to ask for an update?

Customer: replied 15 days ago.
A letter has been sent to me to.let me know mums Pension money went to someone else (that could only be my stepdad)

Then you may file for a "challenge a benefit decision". If you disagree with a decision about benefits, you can ask for the decision to be looked at again - this is called ‘mandatory reconsideration’.

You can do this if any of the following apply:

  • you think the office dealing with your claim has made an error or missed important evidence 
  • you disagree with the reasons for the decision 
  • you want to have the decision looked at again

Is there anything else I can help with today?

Customer: replied 15 days ago.
Thank you for your help

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

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