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Deceased person's possessions

Our cousin died last year without a Will. His partner pre-deceased him & she had 2 children from previous marriage. Neither of her children were legally adopted by our cousin. One of these, took possession of  everything & we have now learned she has sold his car to pay funeral costs she said, as well as clearing his bank account. This woman also said that she found paperwork relating to a life insurance but when mentioned to Solicitor at a meeting it was brushed off.  Solicitor seems happy with all this even although this woman has only just applied to be Executor (although solicitor will be doing the work) so everything was done before she was granted permission. Is all of this allowed ie selling the car, clearing the house etc? Our cousin's family, of which I am a first cousin (his next-of-kin) were never aware that the house was being cleared or asked if we wanted anything. This is in Scotland by the way.

Comments

  • elsien
    elsien Posts: 35,095 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 June 2023 pm30 7:25PM
    Next of kin has no meaning in law when people are alive, let alone after they’ve passed.
    How else do you expect the funeral to be paid for if not from the deceased persons estate?
    Did any of the blood relative step in to start sorting anything out after he died?

    Do you consider that the estate might be large enough for there to be a reasonable amount of money left after funeral costs? Was your cousin a home owner, for example? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • buddy9
    buddy9 Posts: 700 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic
    Our cousin died last year without a Will. His partner pre-deceased him & she had 2 children from previous marriage. Neither of her children were legally adopted by our cousin. One of these, took possession of  everything & we have now learned she has sold his car to pay funeral costs she said, as well as clearing his bank account. This woman also said that she found paperwork relating to a life insurance but when mentioned to Solicitor at a meeting it was brushed off.  Solicitor seems happy with all this even although this woman has only just applied to be Executor (although solicitor will be doing the work) so everything was done before she was granted permission. Is all of this allowed ie selling the car, clearing the house etc? Our cousin's family, of which I am a first cousin (his next-of-kin) were never aware that the house was being cleared or asked if we wanted anything. This is in Scotland by the way.
    I am not sure that I fully understand. Who has applied to be executor?

    There is an established order of entitlement to be appointed executor where there is no will. An unadopted stepchild has no entitlement as executor (nor any entitlement to the estate).
  • Sorry for confusion. Yes it was the unadopted stepchild & there was no arrangement for her to act as executor. Thank you for commenting but spookily I have just received communication from Citizens Advice re this situation (asked a few months ago & heard nothing until now). They have said that none of this has been handled in the proper manner & would like more information (yes a lot more has been done which I didn't mention) It's a small Estate & it's not the money we're bothered about but there were personal items belonging to our Granny which we would have liked. Sincere thanks for taking the time to read my post & answer.
  • Malthusian
    Malthusian Posts: 11,053 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 June 2023 pm30 1:51PM
    Funeral costs have first call on the estate. So if the estate's assets were used to pay for the funeral, it would be a case of "no harm, no foul", even if technically speaking someone else should have done the work. 
    This woman also said that she found paperwork relating to a life insurance but when mentioned to Solicitor at a meeting it was brushed off. 

    If a life insurance policy is written in trust, or is owned with/by someone other than the deceased, it does not become part of the deceased's estate. So it is not a given that the funds would become part of the estate, or that the executor / administrator would have to deal with it.

    "I found some paperwork" could mean anything - it's a long way short of "there's a big payout". And the only reason you've heard of it is because the stepchild mentioned it. 

    I am not surprised the solicitor "brushed you off" - as I understand it, this is the stepchild's solicitor and she is legally obliged to keep her client's personal information confidential.

    They have said that none of this has been handled in the proper manner & would like more information (yes a lot more has been done which I didn't mention) It's a small Estate & it's not the money we're bothered about but there were personal items belonging to our Granny which we would have liked. 

    Have you asked the stepchild if she has any of them and whether she would consider selling them? 

    Legally you may have been entitled to them under intestacy, but I'm focusing on the practicality.

    If the items were of sentimental value only then it is very late to be trying to get hold of them now, months after the death. I would assume they had gone in a skip or to auction and be happy to be told otherwise.

  • Newly_retired
    Newly_retired Posts: 3,096 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the blood relatives don’t step up to help sort things out, by applying for Letters of Administration, and helping to clear the relative’s possessions, what are the unadopted step- children to do if they were in touch and you weren’t? We don’t know who owned the property the deceased lived in, but if it was rented, it would have had to be cleared and outstanding bills paid.

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