WHAT STEPS TO TAKE WHEN A SPOUSE DIES
WHAT STEPS TO TAKE WHEN A SPOUSE DIES
The topic what steps to take when a spouse dies is a very sensitive one which requires carefulness if it must not be attached to selfishness.
Respect the Woman Initiatives is a promoter of family.
A view of DO YOU NEED PROBATE IF THERE IS A SURVIVING SPOUSE might be helpful.
This means that we expect the question what steps to take when a spouse dies from a point of love that selfishness.
This further means that one cannot in good conscience seek what steps to take when a spouse die if one hated the spouse when the spouse was alive.
There are three basic steps to be taken on this topic what steps to take when a spouse dies.
These two basic steps are:
1) The knowledge of the next of Kin
2) The knowledge of an existing Will
3) The knowledge of an existing Beneficiary
4) The knowledge of an existing Trustee
These three basic steps will guide us into understanding the topic what steps to take when a spouse dies.
THE KNOWLEDGE OF THE NEXT OF KIN
Next of kin matters on what steps to take when a spouse dies but does not matter a lot. It just the deceased person’s closest living relation who may either blood related or not.
Next of Kin is appointed the deceased when the deceased was alive. It is a mere expression of who to contact when there is emergency. Next of Kin does not necessarily means beneficiary of an Estate/Property but may end up being so if otherwise stated formally by the deceased before his demise.
Such formal statement which could be a Will but be proved by a Probate Registry.
In some places like the United Kingdom, Next of Kin does not have any legal definition. We are yet to find out whether. We discussed this because most people make a lot of mistake on what steps to take when a spouse dies simply because such person was quoted as the Next of Kin.
THE KNOWLEDGE OF AN EXISTING WILL
This is key because it contains information on the wish of deceased person of his estate and properties.
One key information one can get here is the details of the beneficiary. This is the sole person/persons the deceased empowered to take ownership of the property/Estate.
Such knowledge will help mitigate the dangers associated with misguided interest.
THE KNOWLEDGE OF AN EXISTING BENEFICIARY
The knowledge of an existing beneficiary can only be proven if there is a Will or a Trustee. A beneficiary is a person who the property/Estate is legally transferred to.
This can also be ascertained by African methodology of property inheritance.
This varies since culture varies from place to place.
THE KNOWLEDGE OF AN EXISTING TRUSTEE
A trustee is a legal entity that is charged with the temporary keep of property/estates till the quoted beneficiary is ready for take over.
The beneficiary is always known in this situation.
WHAT STEPS TO TAKE WHEN A SPOUSE DIES FOR BANK ACCOUNTS
Find below what steps to take when a spouse dies as it concerns bank accounts: –
1) The living spouse/family of the deceased need to make a formal complaint at the Local Government or other office of competence on the demise of the dead spouse.
2) The Local Government will issue them a death certificate.
3) The death certificate will be taken to Probate Registry.
4) After due confirmation and processes, a Probate Registry account balance inquiry slip will be issues to the Living Spouse or the family.
5) With this Probate Registry account inquiry slip, the Living Spouse or the family will visit the bank they know/suspect the deceased person has account.
6) They will obtain the balances and take them back to the Probate Registry.
7) The registry will collect 10% of each balance per bank and issue then Letter of administration in favor of the Estate of the deceased person.
8) This Probate Letter of administration will be taken to the bank.
9) The bank will visit Probate Registry to confirm the authenticity of the Letter of Administration. See HOW MUCH DOES IT COST TO GET LETTER OF ADMINISTRATION
10) When the Letter of Administration is confirmed, the Bank will then open account an Estate account in the name of the deceased person.
11) The beneficiary/beneficiaries quoted on the letter of Administration must all be signatories to the account but the transaction signature combination is their choice.
12) Fund will be transferred from the deceased customer to the newly Estate account.
13) This is usually followed by the closure of the deceased customer’s except when the bank was advised by the living spouse/the family of the deceased that they are expecting inflows into the deceased account.
14) Where the account balance is below N50,000.00 the money will be paid across the counter after full KYC – Know your Customer, put his request in writing indemnify indemnified the bank.
15) For more on this, please read up HOW PROBATE REGISTRY BENEFITS WIDOWS AND WIDOWHOOD IN NIGERIA
Also feel free to check on THE PLIGHT OF WIDOWHOOD IN NIGERIA
WHAT STEPS TO TAKE WHEN A SPOUSE DIES FOR LANDED ESTATE OR PROPERTIES
Find below what steps to take when a spouse dies as it concerns Landed Estates and Properties: –
1) Establish if the deceased has a Will.
2) If yes then establish the beneficiary of the Will.
3) Up on identification of the beneficiary of the Will, you take it further to the probate for proving of the will.
4) Where there is no Will, then establish if there is existing Trustee.
5) If yes then establish the beneficiary in the Trustee deal.
6) If none of these reflect the spouse then it is either the deceased intentionally omitted the spouse or that there was alteration/omission.
7) The spouse is then advised to contact the services of a Lawyer.
8) When it is obvious that there is no Will and there is no Trustee then probate Registry and its laws should be adopted. See for direction am focus.
I believe that through this the question of what steps to take when a spouse dies is already resolved. See IS PROBATE REQUIRED WHEN A SPOUSE DIES ; HOW LONG DOES IT TAKE TO OBTAIN LETTER OF ADMINISTRATION IN NIGERIA and WHAT STEPS TO TAKE WHEN A SPOUSE DIES for more insight.
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