Funeral Costs

[clairson59]

My sister divorced ex husband years ago but still lives in the house they shared and he owns a share of the property. They have both left their share of the property equally to their 2 sons. My sister is the unemployed carer of their adult son who is mentally disabled with Downs Syndrome and she lives on benefits. Her ex husband is also disabled and has not worked for many years and has no savings or insurance she knows of. He is in his 60s.

They are on friendly terms so she will probably want to arrange his funeral if he dies before her or their older son will want to if she is no longer alive.

Will they have to pay for his funeral out of his share of the property? It would mean selling the house to pay for it and that could leave my sister and/or her son's homeless.

[bednobs]

yes, funeral costs have to come out of the person's estate

[VHG]

You can get cheaper funerals, and also get financial help if you are on low income.

Search for "cheaper funeral" or see this web site as an example.

http://www.naturaldeath.org.uk/index.php?page=keeping-funeral-costs-down

[ladybirder]

Really bednobs? Even under the circumstances mentioned above? Wow! I really thought the state would pay rather than make them homeless. What if by the time he dies the sister is a pensioner, does that make a difference?

[mazie]

Hi.. Your sister could take out a cheap life insurance policy, which won't cost much and should cover the cost of a funeral.... Link below might help

http://www.moneysupermarket.com/life-insurance/

[factor-fiction]

If one parent dies I would have thought the other still has the right to live there and shouldn't be forced to sell it just to pay for a funeral. Maybe they could take out equity release and get some money in while they are alive. But they can ask for the cheapest funeral or even refuse to pay for it and tell the local authority to pay for it. But we need someone who knows the laws regarding this. I suggest they ask CAB

[hc4361]

It would be ridiculous to sell a house for the sake of raising less than £3000.

Read this carefully, your sister and/or her son(s) may be entitled to help with the funeral costs:
https://www.gov.uk/funeral-payments/eligibility

What is the position with the second son? Is he working?
Has the ex husband considered signing his share of the house to the sons?

[hc4361]

ladybirder, why should the state pay when the deceased and the immediate family own property?

[hc4361]

factor-fiction, the parents are divorced so don't have the rights over property they would have had were they married.

[mosesg]

If there are any charities rating to your ex husband's disability, it is worth getting their advice on any help you can get. They have people who already do all the research and paperwork for you, they may even find a cheap funeral plan for you.

[factor-fiction]

I think it's complicated by the fact that the disabled son lives there.
It could be argued that if the ex-husband no longer lives there why should the ex wife have any responsibility to pay. I know she will get his share of teh house then but can she be expected to sell up? I doubt it.
CAB or legal advice is need I think. Maybe they need to review their will and shares of the property

[Sycamore3House]

Is there any arrangement in the financial settlement/wills whereby your sister cannot be Made homeless by her children should the ex husband die.

[factor-fiction]

It's complicated even more by the fact that their shares have been left to the sons not to each other

[EDDIE51]

You can get a funeral grant from the government, this will pay for a basic funeral. It will need to be repaid only if there is sufficient money in the estate otherwise it will be written off.
They CAN NOT make you sell the house under the circumstances you describe .

[EDDIE51]

Funeral grant information here
https://www.gov.uk/funeral-payments/overview

[bednobs]

but eddie - there IS money in the estate.

[factor-fiction]

^ but only if the house is sold

[ummmm]

They won't force a sale.

[bednobs]

same could be said about a lotof people's estates though FF

[melv16]

Couldn't a loan be arranged using the house as collateral?

[factor-fiction]

Yes, but it's complicated isn't it in this case?