Social Services have left me powerless

SEE

My mother died 3 weeks ago in a hospital 150 miles from my home. Having a disabled son who requires 24/7 care meant, I wasn’t there, but, I’ve just discovered my aunt visited her in hospital and signed herself as next of kin meaning she was the first to discover my mother had died, she also signed her death certificate without even asking or telling me and has been awarded power over claiming my mothers possessions and has been told she is the only one to be allowed to have my mothers bank book and to be able to withdraw the money because she signed the death certificate.
My mother didn’t have much money anyway and to me that is not the point, the point is, is that as my mothers next of kin I have been told I have no rights by the OAP home she was in and also by the bereavement officer at the hospital. My mother died without leaving a will.
This probably doesn’t belong anywhere on this forum but if social services would get their act together, I might have got respite and things would be different.

mrcow

Perhaps your Aunt thought that she was being helpful considering your position? Do you have an actual problem with her being next of kin, or is she perhaps sorting things out 150 miles away when you simply don't have the means to at the moment? If it's the former, then you need to get advice if the latter then be grateful as sorting out effects etc after someone has passed can be difficult work.

I'm sorry to hear about your Mum. Just because your Aunt has signed herself as next of kin, it doesn't make any difference as to where your mother's effects will go. If she has no will, then her possesions will/should be passed to you.

Have you spoken with your Aunt?

SEE

mrcow wrote: »

Perhaps your Aunt thought that she was being helpful considering your position? Do you have an actual problem with her being next of kin, or is she perhaps sorting things out 150 miles away when you simply don't have the means to at the moment? If it's the formal, then you need to get advice if the latter then be grateful as sorting out effects etc after someone has passed can be difficult work.

I'm sorry to hear about your Mum. Just because your Aunt has signed herself as next of kin, it doesn't make any difference as to where your mother's effects will go. If she has no will, then her possesions will/should be passed to you.

Have you spoken with your Aunt?

I'm upset because no one asked me or told me she was dead, everything has been second-hand news. My aunt claims that as she is next of kin on these records that she has full entitlement. My aunt hadn't seen my mother for over 40yrs, they hated each other.

I was just venting because I feel I have no power.

kenwalker

Have a look at this to set your mind at rest. Para 4a. (Assuming that your father has already passed away)

Rules of Intestacy - England and Wales
by: Martin Goldstraw
If you die without making a Will, the State makes one for you. At present in England and Wales, your estate is distributed as follows:
1.With no children, parents, brothers, sisters, nephews or nieces - the spouse inherits everything.
2.If there are children, the spouse takes the personal chattels (car, furniture, clothing etc.) and £125,000 and INCOME ONLY from HALF of the residue (the balance) The children are entitled to half the residue when they are 18 (or if they marry earlier) PLUS the other half of the residue on the death of the surviving parent.
3.If there are no children but there are parents, brothers, sisters, nephews or nieces, then the spouse takes the personal chattels plus £200,000 plus half the residue.

The other half of the residue is given in order to either:
a) parent(s) or if they are dead then to
b) brothers and sisters or if they are dead then to nephews and nieces
4.If there is no surviving spouse then everything is taken by:
a) children but if none then by
b) parents but if none then by
c) brother, sisters or nephews and nieces
d) grandparents but if none then by
e) uncles, aunts or cousins - but if none then by
f) The Crown

mrcow

SEE wrote: »

My aunt claims that as she is next of kin on these records that she has full entitlement.

Then she's going to get a shock. She can't take things that don't belong to her. Have you considered speaking with a solicitor?

sarahg1969

I agree.


While I would initially have said that perhaps your aunt was doing her best to help in a difficulty situation, since you mentioned she and your mother were not the best of friends, and she has already decided she's having her estate(!), I really think you should take some advice from a local probate solicitor.

If she is helping herself to stuff, you really need to put a stop to it.

grannybroon

I am so sorry and just want you to know this. I can't offer advice but what an awful situation to be in. I am sure others will let you know your legal rights.

Just want to say I am thinking of you.

GB xxxxxxxxxx

looby75

I'm so sorry about your loss, at this sad time the last thing you need is a fight with your aunt.

As others have already suggested it will probably be worth consulting a solicitor, if you are on low income you may be able to get help with the costs but most solicitors offer a free half hour appointment to discuss options etc.

I hope this all gets sorted for you soon and you get to remember and grieve for your mum.