Intestacy death of a father issues.

achrnysh

Hi, my dear friend's father has passed away a year ago. He was a massive hoarder and she is having to blindly deal with a lot of issues. She had a sister who had passed away prior to her father, and thus a question lingers as to whether my friend's nephews (two of her sister's children) will be entitled to anything. The nephews and their father, who are not meant to have keys to the hoarder house, have gone in with a key they presumably cut immediately after her father's death and emptied it of all valuables, such as watches, camera's, telescopes and even chandeliers and his one prized possession car, without any permission from anyone.
My friend is now having the bank finalise her executorship paperwork whilst attempting to clear the house her father left behind, which is in a state and a half aside from being cluttered up to the ceiling.

The house, it's impossible to sell as there is no kitchen or bathroom, as apparently her father decided to attempt doing it up prior to his death - leaving holes in the walls and brickwork, holes in the ceilings and floors.. but that is only the start of it.

The nephews and their father have not attempted to contact my friend in relation to anything post getting the death certificates, nor are offering to help out with the house which now desperately needs to be sold.
There was a break in, which we found out about yesterday - me and my friend keep going over to the house once a week, to attempt clearing all the clutter. Called the police, waited 5 hours for them to get there to just fill out some paperwork. Whoever broke in, took a few valuables but may have helped us out, aside from breaking down the back door in the kitchen internally - we both are in belief it was the inlaws possibly as a scare tactic. For whatever reason that may be? Also the police man, whom we had initial contact over the phone asked precisely as to whether a car was stolen? (funny he should mention that)

I would really just like some advice for her, as not only is she devestated but having family act this way, is horrible. I would just like to know and be able to advise her as to what to do.
She doesn't have the money for the security needed to be installed on the house to prevent future break ins, and apparently it will now be a junkie hotspot according to the police officer (as when we first got to the house and were out back where the now broken backdoor is, a guy just casually strolled in like he was meant to be there - to meet his friend at the bottom of her private garden? with a rucksack to hand).

- are the nephews entitled to anything?
- what can she do about the house? (possibility of going to one of those quick house sale companies)?
- what to do about the inlaws having keys, as it is by far not the only time they have been there when they shouldn't
-what to do about all the items (assets) the inlaws have removed from the property without permission?

Sorry about he very long post, but any advice will be very greatly appreciated. Thanks

PasturesNew

She and her sister are the beneficiaries. The two nephews will get the sister's half. It has to follow the blood line, so not the brother-in-law (who has no blood tie).

If the nephews are under 18 they can't get cash, their inheritance has to go into a Trust until they are 18.

Surviving sister (daughter of deceased) = 50%
Nephew 1 =25%
Nephew 2 = 25%

achrnysh

thank you for the reply. I did think that they would be entitled to the 25% each. Any ideas in relation as to what to do with the house? They clearly want nothing to do with it at this point, surely any costs she puts towards the maintenance etc prior to the sale will have to come out of their share.

Crabapple

Yes, the costs of maintaining the property come out of the estate before any shares are calculated.

She needs to get the locks changed and perhaps the property boarded up to some degree as that will be the quickest and cheapest way to make it secure. If it's really full of junk then hire skips and just chuck it all.

Is there any money in the estate such as bank accounts that she can access to pay these things? (If she has a grant to the estate she can claim those monies, use them as required and then the balance can be divided up at the end of the day).

The property can be sold but without a kitchen or bathroom it's not going to be available to anyone who needs to get a mortgage. I'd suggest speaking to local estate agents about taking it to auction or something like that - gives a set date for the sale and it will get the best price possible.

There are regularly questions on here about getting valuables back from family members and frankly it is not very easy. She should ask them but they are likely to claim they didn't touch anything. It should all be valued as part of the estate and deducted from the share of whoever had it. Going to be very difficult to prove though.

Flugelhorn

just thinking - would the ownership of the car have changed ? and if so how did that happen? presumably the nephew will say that it was gift from his grandfather but otherwise needs to come out of his share of the estate.

It sounds like you really need a house clearance company to come and give a quote - we had to do this for a relative's house, there was pressure from the landlord to clear it or (understandably) we would have had to pay more rent. the cost of the clearance was easily offset our time, back strain, fuel, travel etc etc

getmore4less

Auction the house with the contents after going through best you can to get any personal stuff.


or get a clearance company in .




If you have an idea of what may have been taken one option is to estimate the value and just have that as part of their distribution.


Family members moving stuff for "safe keeping" is a reasonable action so taking that approach rather than an accusation of stealing may be better.


In the inventory and account those assets moved for safe keeping.




Obviously difficult times but unless there has been issues finding other assets/account this could be a lot further forward.