Brother's death in care home

givememoney

My brother in law has died in a care home. He is single. The home notified his sister of his demise. How does she get access to his bank account to perhaps make sure the care home isn't able to take any more money and also get money. ..if there is any to pay for his funeral.

Brynsam

Did he have a will? Does your sister know his bank details?

xylophone

If he made a will, then an executor will have been named.  It would seem that your BIL has been self funding?
If there is a possibility that he died insolvent see
https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/
Has your SIL been dealing with his financial affairs during his time in the care home or was he capable of dealing with them himself?

Robin9

Is there a will ?

Do you/his sister know if the  local authority was meeting the car home costs or if he was self-funding.  If the former then it is unlikely that he had much in the ways of funds and as a consequence no money for a funeral.  Much as it may hurt you need to step aside and let the Local Authority arrange the funeral - do not get involved.

lisyloo

The person dealing with the estate needs to make an appointment with the bank. If it’s a small amount it would be released with death certificates and photo Id. If it’s a large amount you’ll need probate but the bank should be able to stop money going out of the account. If it’s a standing order then it will be his bank sending the money and not the card home taking it.

givememoney

This a man who kept himself to himself. When he went into a home initially we didn't even know. He never told them he had a family. It was only through my husband, his brother, doing a bit of digging that he traced him. Then his sister went to visit him and the care home were surprised she existed. Due to circumstances he was moved again but sister wasn't informed she found out when she went to visit to discover he wasn't there anymore.  
Unfortunately he had dementia by this time and we have no idea if there was a will.

Malthusian

An exhaustive search for a Will needs to be carried out.

If no Will can be found his estate will be distributed in line with intestacy rules. If he has no spouse, no direct descendants, and no parents alive, his siblings inherit the estate equally.

Assuming there is no Will, if there will be an inheritance one of the siblings should apply for letters of administration, but only if the estate is solvent. If it is insolvent, whoever arranges the funeral can bill the cost to his estate, but otherwise you should not get involved with it.

Who was managing his finances at the time of his death? The care home should know. Whoever it was no longer has any control over his finances as on his death that passed to his executor (if he made a Will) or adminstrator (if not).

xylophone

Has the manager of the care home indicated what is to be done about registering the death? About a funeral? About clearing his room?

Flugelhorn

Someone must have been managing the finances unless his care was solely being funded by the local authority. I think in normal times you will find that they can charge in a home until it is cleared (though doubt anyone will be moving in just at the moment). Your sister in law can freeze the account to stop further payments going out if she has death cert, may have to pay some money to FD for funeral but the balance can be paid by the bank directly to the FD.
Just make sure he has some money in the back before you start all this 

elsien

It is possible that in the absence of any known family he would have had an appointee. If LA funded, sometimes they carry out the role themselves, otherwise they refer to a paid service such as Age UK or Penderel depending who has the contract for the area. Or if he had a property/assets they may have referred for a court appointed deputy which would be a solicitor. In the absence of any  known family the apointee/deputy would instruct the funeral director. 
The care home should know who has been supporting with money, otherwise check with the local authority. 

givememoney

You've all been very helpful. Going slowly but have discovered that Enfield Council are in charge of his finances, was told this by the care home.
I'm guessing this is a positive thing