next of kin

Oorah

Hi ive just lost the next best thing to my mum,my aunt,she raised me from a baby,and took me on as her own child,my sons call her grandma,she never had children of her own ,she was taken to hospital by my evil aunt who put herself down as next of kin. my aunt passed away on tuesday we miss her dearly,she never made a will,we all know she didnt have to,it was obvious she wanted me to have what she left,as im not her true daughter i dont have a leg to stand on,its wrong!! but nothing i can do,i know in my heart what my aunt wanted,and so does the evil aunt,since the day my aunt passed away,evil aunt hasnt spoke to me, in the hospital she told me she was giving my aunts possesions to her son,can she do this? she has taken over the funeral,i never even had a say in the flowers its so wrong,and sad.My aunt has brotherss and sisters,none of them speak,they are all a joke for a family,but even they say that what my aunt left should go to me,even my own birth mother said my aunt saw me as her daughter, what can this evil aunt do with my aunts things is she allowed to give things away to her own family? plus there is money involved too,.She wont let me near my aunts home its not rite,when you lose someone,you just want to go to thiere home and smell theire things,i cant even do that,scuse the spelling. What can i do?

GobbledyGook

So sorry for your loss x

I'm sure someone will come along much more qualified, but I'm sure that puttng herself as Next of Kin at the hospital does not make your Aunt executor of your Mum-aunt's estate. Did she have a will do you know?

Oorah

Thanks for your kind words x
No she never made a will,Evil aunt thinks she has the right to do what she wants as she is next of kin,i know she just wants me to give up,but i cant,its just not right, I would rather the money and possesions went to charity than to her,i know it sounds bad,but belive me,shes badder.

Errata

Sorry for your loss. If there is no will then your aunt's estate (money and possessions in this case) must be divided equally between her siblings.
I'm afraid you have no claim on the estate unless you were financially maintained by your aunt, which doesn't seem to be the case.

thorsoak

I'm sorry for your loss, but if your aunt left no will, and has neither husband nor children, her possessions would pass first to her parents (if still alive). If not, they pass in equal shares, to her siblings - alive and dead - so if for instance she had a brother who died, his offspring would be entitled to her share. Unfortunately, under laws of intestacy, you would only be entitled to a share of her possessions if your parent, being her sibling, had died.

You do still benefit though - you have all the wonderful memories that no-one can take from you.

And if Evil Aunt has arranged the funeral, and your beloved aunt did not leave enough money to cover it, Evil Aunt has to pay for it!

hermanmunster_3

If she died intestate then the estate will be divided amongst her siblings, it is within their power (including your mother if she is a sister) to give their share to you if they feel that you shuld have had her belongings.

That has happened in our family when a relative left an invalid (unsigned) will indicating her wishes. 4 of the five children entitled to inherit agreed that all the estate should go to the fifth as this was her wish.

Oorah

Sorry for your loss. If there is no will then your aunt's estate (money and possessions in this case) must be divided equally between her siblings.
I'm afraid you have no claim on the estate unless you were financially maintained by your aunt, which doesn't seem to be the case.

Thanks for your kind words x
Who will make the decision to divide my aunts things,?
None of them speak to eachother and ,how will they be contacted?
I hope this does happen,at least she wont get all of it,ha there are seven siblings. If none of them make a claim tho,will she get it all?

Oorah

You do still benefit though - you have all the wonderful memories that no-one can take from you.

SO TRUE
Thankyou x

Oorah

hermanmunster wrote: »

If she died intestate then the estate will be divided amongst her siblings, it is within their power (including your mother if she is a sister) to give their share to you if they feel that you shuld have had her belongings.

Thankyou x

Would they have to contact a soliciter or would evil aunt have to do it?

MrsAnnie

I think to need to get the thought that EA is next of kin out of your thinking. Even though EA put her name down as n.o.k at the hospital doesn't mean that legally she is.

Anyone can be nominated as next of kin eg. I was next of kin for my boyfriend (now DH) when he went into hospital. But legally i would have had no claim whatsoever to his possessions since he did not have a will at the time.

The courts will decide. Usually divided equally amongst sibilings, and sibling children if a sibling is no longer living.

Do a internet search of dying intestate and you should get loads of information.