NOK & intestate legalities

GobbledyGook

https://forums.moneysavingexpert.com/discussion/4059791 Previous thread for info.

Summing up - "Father" is dying. Haven't had contact (he wasn't allowed near us by courts) since I was 7. Seen him once at mother's funeral when I was 14. He was too drugged to bother about my brother's funeral. Violent, drunk and drugged addict.

He is now in a hospice. The end is near. The two witches (his sisters) have given the hospice my details as his contact. He was put in the hospice on Monday and none of the relatives have visited him. Apparently he is my problem as I'm "getting everything".

I'm seeking more legal advice, but does anyone know where I stand with this. If they've disappeared and he has no will (which seems to be the crux of the matter) then who will deal with that? I know when you watch the likes of Heir Hunters 'somebody' deals with these things when there's no family willing to do it, but who is that somebody?

The hospice are trying to find information for me, but I'm getting more and more of a feeling that I'm going to get landed with this.

I don't know how I'm supposed to sort anything because although I know he has a house that's all I know. I only know that because of his mother's will (her leaving my children something is how they have my contact number). They only knew about my daughters because my FIL put one of those birth announcements in the paper.

If I just say I'm doing nothing can anyone make me? He has a house that they can sell to pay for the funeral and stuff (although I wouldn't be entirely surprised if he's used that to get money or loans and stuff).

Jojo_the_Tightfisted

No.

They can't make you do a single thing.

Or pay for it.


(you'd have to apply to get the OK to do it. If you don't apply, you can't get permission to do it. So Hekyll and Jekyll would have to apply to Court to do it. But they'd still have to give you any monies you are entitled to under the intestacy laws)

findingmyownway

I have no answers but am interested in the advice you get as I expect to be in a similar position one day. Good luck.

GobbledyGook

They've walked away. Said their goodbyes and apparently don't intend to return to visit him. Pair of evil moos. Who would do that to their own brother?!

If it was just a simple thing then I'm at the point of saying I'd sort it just to get it over and done with, but I'll be damned if I'm messing about dealing with a house sale and everything to pay for a funeral if there's nothing else.

The hospice seem to think that the local authority will deal with it so fingers crossed that's right. Apparently he's aware of what is going on and is upset and frightened by it all - call me evil, but it feels a bit like karma to me. I feel bad that I feel like that about a human, but not that I feel it about him (if that makes any sense at all!).

GobbledyGook

findingmyownway wrote: »

I have no answers but am interested in the advice you get as I expect to be in a similar position one day. Good luck.

I know that if there is anyone else involved (like his two sisters were) then they can't make you do anything at all.

It's just because of the change I'm seeking new advice.

Mojisola

Being someone's NOK doesn't bring any legal responsibilities.

Just keep well out of it. The council will arrange a funeral and claim back expenses from anything he leaves.

Jojo_the_Tightfisted

GobbledyGook wrote: »

They've walked away. Said their goodbyes and apparently don't intend to return to visit him. Pair of evil moos. Who would do that to their own brother?!




he's aware of what is going on and is upset and frightened by it all - call me evil, but it feels a bit like karma to me. I feel bad that I feel like that about a human, but not that I feel it about him (if that makes any sense at all!).

1. Someone who doesn't stand to make money out of him? So don't want to get lumbered with the funeral and house stuff? Or he's shown his true colours to them, despite their turning up and trying to help him, so they've finally realised what a complete bstrd he is and walked away? So he's brought it on himself? Or somebody who thinks that if they do that you'll take over and then they can come back sniffing for a pound of flesh?


2. So what? Consequences of actions, innit. He's been a bad person and the result is, right at the point he actually needs other people, they've all fked off and left him to do the scary, painful bit alone, without the option of self medication AND everybody knows that he hasn't got the hoardes of adoring relatives he has made out to have - so he is completely alone, completely exposed and completely lost.

[shrugs shoulders] That's what happens to abusive addicts. They die alone, unwanted, unloved, unnoticed and without anyone to cry and mourn for them.

antrobus

Jojo_the_Tightfisted wrote: »

No.

They can't make you do a single thing.

Or pay for it.


(you'd have to apply to get the OK to do it. If you don't apply, you can't get permission to do it. So Hekyll and Jekyll would have to apply to Court to do it. But they'd still have to give you any monies you are entitled to under the intestacy laws)

That's about it. There is a specified order of priority regarding who can step forward to apply for letters of administration in regard of an intestacy, but you can't be forced to do so. If (assuming I've got this right) the spouse is deceased, the child declines to act, then the sisters would be next in line.

And whoever does so will have to distribute the estate in accordance with the law on intestacy anyway.

GobbledyGook

Jojo_the_Tightfisted wrote: »

[shrugs shoulders] That's what happens to abusive addicts. They die alone, unwanted, unloved, unnoticed and without anyone to cry and mourn for them.

That about sums it up nicely Jojo. I'm trying my level best not to feel sorry for him. I'm too soft usually, but I'm managing so far!

They've scarpered presumably because they are not going to "get" anything. Originally they seemed to think they'd be having a slap up meal, all singing-all dancing funeral and flowers, headstone etc and I'd be paying. Then when they accepted that wasn't going to happen they announced via text after receiving a letter from my solicitor that they'd be seeking advice about making sure I "got" nothing.

Presumably their decision to walk away means their advice has told them they are entitled to nothing from him.

He has no parents alive, I'm his only surviving child, my children are minors and his sisters are wasters. One is only a half sibling so not sure if that matters either. There's a brother somewhere, but no idea where or if he's alive tbh. Don't really care who does it as long as I don't have to!

Mojisola

Have you decided to accept any inheritance that he might leave? If you refuse, I don't know if your children or his whole-blood siblings will be next in line.

GobbledyGook

Mojisola wrote: »

Have you decided to accept any inheritance that he might leave? If you refuse, I don't know if your children or his whole-blood siblings will be next in line.

I'm 75% thinking I'm going to accept it then donate it to a domestic violence charity. There's still 25% of me that just wants to say no though.