2 next of kins?

JK51 · 19 February 2019 at 9:17AM

My mum recently passed away in hospital. I was named as her next of kin. My brother says that we are BOTH her next of kin. Given that he wasn’t named by her in the hospital, can this be true?

I don’t think she has left a will. If that is the case, will we both have to agree on everything such as the sale of her house etc or will I have the final say as her next of kin? I’m not arguing about him being an equal beneficiary .... I’m just worried that his decisions about everything going forward will have equal clout to mine, if that makes sense

Thanks for your help,

Jane

Keep_pedalling · 19 February 2019 at 9:32AM

Next of kin has little meaning as far as winding up estates are concerned. Unless you mother was still married then you and your brother are equally entitled to administer the estate and will each receive 50% of her assets.

It would be best if you work together on this. As for the house unless you both want to keep it the sensible option is to sell. If one of you wants to keep it, then unless you mum has sufficient other assets that allow that sibling to take full ownership with the other getting their full share from those other assets, then unless the one who wishes to keep it can raise the funds to buy the other out, then it should still be sold if you want to avoid expensive legal ranging.

Dox · 19 February 2019 at 9:47AM

If your mother didn't leave a will, then one or both of you can apply for letters of administration. The administrators will have to agree on how things should be done (e.g. sale of house), assuming you both apply. The 'next of kin' concept is irrelevant in this context.

The estate will need to be distributed in accordance with legislation: https://www.gov.uk/inherits-someone-dies-without-will

AnotherJoe · 19 February 2019 at 11:07AM

My condolences.
I think you (and your brother) misunderstand what NOK means. Which, essentially, is nothing.

Its just a tag for the hospital to know who to call when there's an issue.

Both you and your brother are equally able to manage probate for your mother. Neither of you has any precedence over the other. You can also do it jointly. In particular your comment that

I’m just worried that his decisions about everything going forward will have equal clout to mine,

is bizzarre because "of course" his decisions have equal clout. You cant, just by merit of say being born a few minutes earlier, apportion things how you want and do what you want. Simplistically, if its just you two, everything must be shared 50/50. If that means you cant decide who gets the faberge egg and who the Degas statue, and yoy cant trade off teh egg against the statue and the Rembrandt or whatever, or who keeps the house, then just sell everything and split the proceeds 50/50. But hopefully you can come to an agreement.

I urge you to sort out any differences you may have, even if just for the period you apportion your mothers belongings (AKA probate) , because anything else will only lead to high and pointless legal costs.

Mojisola · 19 February 2019 at 11:10AM

JK51 wrote: »

I’m not arguing about him being an equal beneficiary

AnotherJoe wrote: »

Simplistically, if its just you two, everything must be shared 50/50.

That doesn't seem to be an issue.

I can understand the OP's position if she knows her brother will cause problems if they are both administrators.

AnotherJoe · 19 February 2019 at 11:13AM

Mojisola wrote: »

That doesn't seem to be an issue.

I can understand the OP's position if she knows her brother will cause problems if they are both administrators.

It doesn't matter, OP has no alternative, you cant cut one person out on the grounds they are "unreasonable" and OPs attitude (obviously with no back story) doesn't come across as reasonable either..

Dox · 19 February 2019 at 11:23AM

AnotherJoe wrote: »

It doesn't matter, OP has no alternative, you cant cut one person out on the grounds they are "unreasonable" and OPs attitude (obviously with no back story) doesn't come across as reasonable either..

If there's no will and OP applies for letters of administration without her brother, of course she can cut him out of the decision taking process. Whether it's a good idea to do so is quite another matter.

AnotherJoe · 19 February 2019 at 2:54PM

Dox wrote: »

If there's no will and OP applies for letters of administration without her brother, of course she can cut him out of the decision taking process. Whether it's a good idea to do so is quite another matter.

IANAL but i dont see how she can cut him out, he could legally dispute the OPs incorrect belief that as "next of kin" they can administer the estate without challenge from another relative especially one equally entitled.(sounds like he already is informally)

If the OPs brother came on here stating they were very displeased with how their unreasonable sibling was trying to take control I'm sure they get support, because they are equal parties.
Encouraging one to just go ahead without discussing and trying to come to an amicable agreement with the other is i think a very poor idea

JK51 · 19 February 2019 at 11:07PM

I absolutely agree to my brother getting 50% of my mum’s estate but comments he has made such as ‘mum told me everything would be split 50/50 except for each of my sons who would receive £10,000 each’. I also worry that if my brother does have equal ‘clout’ to me when making decisions such as WHEN to sell her house and HOW MUCH to accept for it when it is up for sale. I don’t want to fall out with him and want to make joint decisions but also know my brother well enough to know that if he gets the chance to take charge and make all decisions without fully involving me, he would. Thanks for your advice folks.

Flugelhorn · 19 February 2019 at 11:18PM

difficult - he needs to realise that in the probable absence of a will (have you had any luck finding one?) then everything is 50/50 to you two. If he wants to give his sons 10k then that will come out of his share.

Suggest you have a hunt for a will contacting local solicitors to check whether they have one stored for her. If not then start applying for LOA

Might be good idea to sit down with brother and agree on key things, like when you sell the house, what needs doing to make it sellable, how long you are prepared to have it on the market before reducing price etc etc . If all agreed now, then may make it easier when you get offers in.

Sea_Shell · 20 February 2019 at 7:27AM

Just thinking ahead, and hopefully it won't come to it but...

What can the OP actually do, or who do they raise a complaint with, IF the brother basically goes off solo on this, and doesn't involve her, and doesn't follow the rules 100%?

2 next of kins?

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