My Husband passed away suddenly on Sunday 9 Jan and we did not get round to doing our wills. i have the funeral planned

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Customer: My Husband passed away suddenly on Sunday 9 Jan and we did not get round to doing our wills. i have the funeral planned but do not know what i need to do with regards ***** ***** else i was told i have to apply to the high court how do i do this
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no, there is only me in NZ we have been concentrating on the funeral, i did not think we had anything then i was told we have the house he has an old work van but no money anywhere
JA: Have you talked to a lawyer about this yet?
Customer: no, is that the best move
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 have no death cert yet, but i have the prelim report from the coroner
Answered by Chris The Lawyer in 17 mins 8 months ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

I am sorry to hear of your loss. If there is no will it can be a little more complicated, but if the house is in your joint names then you may not need to apply for administration of the estate depending on other assets. If he had a Kiwisaver then you may need administration if this is over $15,000. Otherwise winding up his estate may not be too difficult

Customer
My husband passed away suddenly on sunday 9 Jan and we did not get round to doing our wills, i have been told i need to register with the court for a letter to deal with our affair is this correct
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Chris The Lawyer, Expert

I have replied, but to help explain, it depends on the way you own your house and whether he had a Kiwisaver with more than $15,000

Customer
he did have a kiwi saver but only started this there is nothing like 15,000, he has an old work van as he was self employed i will be lucky to get $100, there is no cash in his account but i have advised his accountant of his passing do i have to continue paying any credit card he had or will i get in trouble
Customer
home is in joint name and so is the mortgage
Customer
are you not coming back to me
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Chris The Lawyer, Expert

Yes

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Chris The Lawyer, Expert

The house can pass to you by what is called a transmission by suvivorhip, and since the bank accounts and assets are small you will not need to apply to the High Court to administer his estate. You will need to ask a lawyer to draft the transmission but that will be fairly simple

Customer
thank you Ann
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Chris The Lawyer, Expert

Most any property lawyer can help with the transmission

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