Advice on death

[Martinco]

Just some advice from the boffins please.

My mother in law passed away last week (27-07-2012) intestate and I have to sort a few things.
She got a pension from the government.
Am I correct in assuming that the pension up to the above date is still payable ? In other words they pay in arrears and not up front.
Should I wait till they have paid into her account before I notify them of the death ? I am fairly sure that if I do it now before the end of the month, they are not going to pay for the portion of the month that she was still alive.
Also , the bank needs to be notified and to the best of my knowledge, they will freeze the account.
At what stage will the bank balance become available again ? Remember "intestate", so no lawyers needed.
Some advice will be appreciated.

[Citizen X]

Intestate succession in South Africa is governed by the Intestate Succession Act 81 of 1987(as amended).
A lot can actually be said of intestate succession, it’s far more complex and problematic than administering the estate of a person who died testate(died with leaving a will). The law of intestate succession governs which heirs will inherit the estate and what shares will be allocated to each heir. This law indicates the order in which intestate heirs inherit from the deceased. Whilst a person may die without a will, it does not always follow that such a person doesn’t have a sizable estate or descendants. The general rule is that closest blood relatives inherit.
To answer you more specifically one needs to know if your mum in law died without a spouse, has children, grandchildren and brothers and sisters?
Generally, insurance policies are never affected as they always name a beneficiary.

[Phil Cooper]

Hi

Just because she was intestate does NOT mean no lawyers are needed...

Lawyers are not needed in Testate cases either - you can nominate whom you wish. BUT - if it is a large, or complicated Estate, the Master may insist a professional be used anyway to ensure it is done right.

I would not tell government until after pension is paid - easier to refund part than try to argue the point...

The Bank will freeze when notified - they remain frozen until Master appoint Executor to the Estate, wnd issues letters of executorship. If you can draw / transfer money, do so NOW - then tell them. You still need to reflect the money that was in the account when you do the final accounts - but at least you can do something useful with it!

[Martinco]

Thanks guys.................just to clarify,

There are no assets to be distributed .
She died in an old age home with nothing to her name. The only issue could be the few hundred rand in the bank. ( pension )

[Phil Cooper]

Will be easy then - no problem with Lawyers.

[Citizen X]

This reminds me of that 'Black Bottle 'hostile take over' advert, 'definately no lawyers!"
The question was what was a hostile take over like back in the day, they reminisced, got the image of a good, violent, lawless, no rules take over…’definitely no lawyers!”
I like that ad!

[Martinco]

Thanks Phil,

What else is there to watch out for ?

I have been asked to finalise this and just want to make sure we stay on the right side of the law.
The death has been reported to the registrar.

[Citizen X]

Thanks Phil,

What else is there to watch out for ?

I have been asked to finalise this and just want to make sure we stay on the right side of the law.
The death has been reported to the registrar.

Good evening Martinco, I'm terribly sorry for the loss you and your family endured. I suppose one can just be thank ful, that she passed away peacefully and without suffering any illness or pain. It seems you've already done all that is lawfully required of you especially with the registration of the death.
Both birth and death, both equally compelling and emotional finds its rightful legal home in private law in particular the law of persons. The statute is The Births and Deaths registrations Act 51 of 1992, section 14. You’ve already done was lawfully required of you, you will therefore be issued with a death certificate.

[Nickolai Naydenov]

Not sure if it's a good idea to get the pension and only after that to notify them. An estate is wraped up from date of death. I had a doctor client that thought she'll never die and didn't want to hear about a Will but guess what she passed away, her life partner didn't listen to me either, he transfered her cars in his name, withdrew all her money from her accounts(he had her pin) and etc guess what he was ordered to restore everything back, but that's not all her drug addict son that stays in Durban, her ex husband, someone she borrowed money to also came forth and of course her life partner, they all wanted stuff, she had just over 6 mil life over, 1.4 mil retirement annuity, provident fund pay out just under a mil, her house worth R2.2mil, so you can see why everyone was so greedy. She past away during the december holidays last year, everything is still a mess so two things: 1 make sure you have a Will, 2 on't be greedy for a small pension.
By the way we've got an attorney at our offices who drafts Wills for us so if you need that done PM me, I'm sure I can arrange that free of charge and you don't have to pay yearly fees as banks and law firms charge

[Martinco]

Thanks Phil , Vanash and Nickolai,

Yes she had a good life and died at age 94 and during the last few months got rid of all her stuff, so at the end there was literally nothing left. This obviously makes my life a little easier.
She only asked me about 3 months ago just to see "that everything goes well" after her death.
As far as the pension is concerned, I shall wait till 3 rd and then let the fund know and then also the bank.
As Phil said......it would be easier to give some cash back than what it would be to wring the last couple of rands from the fund. I do not have the inclination nor the time to hassle with those people.
But in any case guys..............thanks for you valued input !

Funny enough........when I wrote the "no Lawyers" part, the ad on tv also came to mind !

The point of the will is well taken. I have one.

[Phil Cooper]

Where there's a will I want to be in it .....

Where there's a will you have a fighting family ...

[Citizen X]

Thanks Phil , Vanash and Nickolai,

Yes she had a good life and died at age 94 and during the last few months got rid of all her stuff, so at the end there was literally nothing left. This obviously makes my life a little easier.
She only asked me about 3 months ago just to see "that everything goes well" after her death.
As far as the pension is concerned, I shall wait till 3 rd and then let the fund know and then also the bank.
As Phil said......it would be easier to give some cash back than what it would be to wring the last couple of rands from the fund. I do not have the inclination nor the time to hassle with those people.
But in any case guys..............thanks for you valued input !

Funny enough........when I wrote the "no Lawyers" part, the ad on tv also came to mind !

The point of the will is well taken. I have one.

94 wow! Now that's a good age to go! The mortality rate for young people has become quite alarming, we now have a situation hwne people in their 20's are loosing their lives to heart disease, stroke and cancer! Lifestyle, I suppose! Yes, you can anly now carry out the wishes she expressed to you and hope that we even make it to that age! I love that 'Black bottle advert,' 'no lawyers, definately no lawyers!"