Removing an Executive

Keep_pedalling

Next of kin has no legal status. In your shoes I would simply ignore and block them. What you do with yfather’s photos of your father is entirely down to you.

sheramber

Next if kin is not a legal status and is no

More relevant to you than her.

You are his closest relative.

But none of what she says/ he says has anything to do with will or the executor.

As you are not entitled to any estate you cannot complain about the executor.
Apart from that it costs a lot of money to do so.

Remember, your father chose to spend over 20 years either her. That was his choice.

Why should she tell you she thought your father had cancer when it may not have been so and she would have worried you unnecessarily, especially when your father did not want any investigation.

What woukd it have achieved?

He may have had his own thoughts on the matter and did not want to know.

What do you expect to get from consulting a legal representative?

RAS

You (and possibly the executor) are conflating two things.

Next of kin is primarily relevant when the person is alive and ideally should be identified by Power of Attorney. That ceases to be relevant the second the person dies. But in the absence of a POA a hospital may simply speak to a close relative or partner.

It's interesting that the hospital pragmatically decided to share the diagnosis with you indicating that they were dealing with you as if "next of kin."

If there is a will, "next of kin" is irrelevant as the will nominates the executor(s) and beneficiaries. It only becomes an issue in intestacy as a hierarchy of relatives become eligible to administer the estate.

Neither has anything to do with what an individual has the right to say or share about a relative. It's quite possible for example for siblings to have very different experiences of the same event. That difference doesn't permit either to dictate how the other remembers or feels about what happened.

In this case if the house is held as joint tenants not tenants in common the will is irrelevant as the partner is now the sole tenant regardless of what the will says. We've seen queries here about wills that fail because the deceased didn't understand this.

You've had decades of navigating in hostile waters, successfully if you were the person who was still there when the doctors revealed the diagnosis. You don't need to fight any more. You need to grieve the relationship that changed 20 years ago and the father who died recently. Lawyers can't do that for you.

gplion55

Your father has passed away. You can say, shout or scream anything you like. Go ahead and post about your father's passing, it has no legal bearing on estates or wills or anything of that nature. He was your father.

Removing an executor depends on your own status as laid down in your father's will.

If you have no status as co-executor or trustee, you have no power anyway, and removing an executor can only be done where they have failed in their duty.

I would strongly advise against it, unless you have a lot of money (thousands) laying around that you can miss for the legal costs.

I stood up in church and spoke about my father, the kind of man he was and small but also influential moments that we had spent together during his life. It was very hard to do, but that was my single opportunity to express my thanks for his life and my loss of somebody who had helped to shape my life.

After the funeral I was attacked by my siblings because I spoke about him as 'my dad' and because I had not mentioned them in the speech.

Likewise I was attacked for a photo presentation I made at his reception of my Mum and Dad in their years together. (My Mum died during Covid, so there was no reception for her).

I was determined to give my Dad a good sendoff. Wider family loved the stories about him.

My siblings had not made any effort whatsoever..it is telling what funerals bring to the surface.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82001225#Comment_82001225

It very much has to do with grief. you are angry and the easiest person to be angry with is your father's bereaved partner.

the 5 stages of grief.

 Denial – Understanding shock and disbelief after loss

 Anger – When grief turns to frustration and blame

 Bargaining – The “if only” stage of grief

 Depression – Coping with deep sadness and withdrawal

 Acceptance – Finding a way to live with loss

Sea_Shell

https://forums.moneysavingexpert.com/discussion/comment/82001241#Comment_82001241

I agree.

They have no "next of kin" or "executor" rights to block you from posting your own pictures* of your dad, no more than they can stop you posting your latest holiday photos.

They don't have exclusivity on notifying friends or family of his passing…only for 'official' stuff, which may need a copy of his death certificate.

IMHO Don't waste money on legal advice on this.

Post what you feel you want (need) to, and if they react, ignore.

*Subject to no copyright infringement if they are not your photos.