I am next of kin - I do not want to be Administrator - HELP

Hi,

Can you please help.

My Father has died in the past few days, left no Will and leaves a very messy (insolvent) estate.

In the event of no Will, I am 'next of kin'. I really do not want any involvement with his affairs / estate, but I understand that as next of kin, I am currently responsible for 'managing' this.

Can any of you more knowledgeable people please tell me what action I need to take legally, so that I have no involvement with his Estate?

I have been to CAB, but not a help.

Thank you.
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Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In the event of no Will, I am 'next of kin'. I really do not want any involvement with his affairs / estate, but I understand that as next of kin, I am currently responsible for 'managing' this.

    This is not right. You don't have any responsibility to sort out his estate.

    Can any of you more knowledgeable people please tell me what action I need to take legally, so that I have no involvement with his Estate?

    Do absolutely nothing.

    Tell anyone who asks that you are not going to be applying for Letters of Administration.
  • Are there any funds in bank accounts, etc. or insurances to cover the funeral costs?
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 20 August 2014 at 11:29AM
    Will you ultimately benefit financially? If so, can you delegate the responsibility to a professional? If not, then I think it is absolutely fine to not take responsibility for the mess.

    Ignore me - I missed the word 'insolvent'.
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You don't even have to arrange the funeral if you don't want any involvement.
  • Thank you for your posts - it is very much appreciated.

    Further info...

    He left no money and no savings (no bank account). There are no insurance / life cover policies and no funeral cover plans.

    He had been terminally ill for some time but did nothing to put his affairs in place. Crazy.

    There are no assets (other than one property) and the secured charges on the property are substantially greater than the realistic selling value.

    I simply do not have the emotional energy (or money) for it all, particularly given I told him for so long that he needed to put some arrangements in place.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Hi,

    Can you please help.

    My Father has died in the past few days, left no Will and leaves a very messy (insolvent) estate.

    In the event of no Will, I am 'next of kin'. I really do not want any involvement with his affairs / estate, but I understand that as next of kin, I am currently responsible for 'managing' this.

    Can any of you more knowledgeable people please tell me what action I need to take legally, so that I have no involvement with his Estate?

    I have been to CAB, but not a help.

    Thank you.
    Do not get involved in any way with an insolvent estate in any way. The Council will pay for a basic funeral.
  • RAS
    RAS Posts: 34,937 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think the Council organise funerals for those who die in the community and the hospital for those who die in their care?

    You may want to speak to the relevant bereavement team and let them know that you cannot take responsibility for his affairs. Then they knwo where they stand.
    If you've have not made a mistake, you've made nothing
  • TonyMMM
    TonyMMM Posts: 3,419 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You may be his nearest family, but the term "next of kin" has no legal meaning whatsoever.

    As advised by others, it sounds like you should not get involved in any aspect of administering the estate.
  • loubel
    loubel Posts: 991 Forumite
    Part of the Furniture 500 Posts Name Dropper
    As others have said, being next of kin does not give you any obligation to administer the Estate. If it is insolvent then you would be sensible not to get involved. The creditors will be able to step in and deal with things. That doesn't mean you can't arrange and pay for his funeral yourself if you want to. Sorry for your loss.
  • Thank you all very much for your advice - I feel much less overwhelmed by it all now!

    I will make enquiries regarding funeral matters - and likely keep a sensible distance regarding the Estate.

    Thank you again.
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