Dead lost with procedure.

Spacker · 30 October 2012 at 2:07PM

My great aunt recently died age 98 in a nursing home. I have no idea what finances she is leaving, I'm assuming £23,000. Her husband died a few years before. I've been listed with hospital as next of kin for their records (I realise this is only for a point of contact).

She has a ~80 year old step-son who is currently out of contact on the east coast of America so I'm waiting for a response to an email asking if he is holding a Will.

She has a nephew from her twin sister (my grandmother) and two nephews from her deceased older sister but as I'm geographically closest I'm making arrangements.

I'm waiting for the death certificate so I can register the death. But I have no idea on procedure after that? Who inherits what if the step-son has no Will? (my belief is that he should inherit everything as he regards her as his mum) A funeral home collected her remains, one of my concerns is payment - do they wait for the estate to be allocated to whomever is going to inherit? How would that take?

dzug1 · 30 October 2012 at 2:28PM

Her bank should release money for the funeral on production of a death certificate - normally paying the bill direct.

I can tell you that the stepson inherits nothing if there is no will. I'm pretty sure (but not 100%) that the nephews will inherit and they should be sorting out the estate, either themselves or by appointing a solicitor..

Fire_Fox · 30 October 2012 at 2:38PM

It's worth reading around the board, the regulars have posted very helpful links which answer your questions about who inherits and how the funeral directors are paid as well as many others.

Mojisola · 30 October 2012 at 2:40PM

If there is no will and the death has taken place in England or Wales, you can see who will inherit here - https://www.legacywillsuk.com/docs/Rules_of_Intestacy.pdf

Without a will, only blood relations will inherit but a variation could be made in favour of the step-son if all the people who would have inherited agree to it.

Goldenyears · 30 October 2012 at 3:24PM

If the step-son happened to be legally adopted he would inherit everything, same as a son by blood.

daska · 30 October 2012 at 3:39PM

But then he'd be an adopted son not a step-son.

OP - In England it would be split between your grandmother (50%) and the deceased sister's offspring (50% between them). Links to how inheritance works in cases of intestacy for England and Scotland HERE (It varies by country)

dzug1 · 30 October 2012 at 5:07PM

I took it that grandmother was deceased herself. If alive then yes it is relevant

Spacker · 30 October 2012 at 6:48PM

dzug1 wrote: »

Her bank should release money for the funeral on production of a death certificate - normally paying the bill direct.

I can tell you that the stepson inherits nothing if there is no will. I'm pretty sure (but not 100%) that the nephews will inherit and they should be sorting out the estate, either themselves or by appointing a solicitor..

This is very reassuring news about the funeral expenses. Thank you. I thought that was the case with the step-son. The American system makes more sense to me, he regards her as his mother (he grew up with her) and I believe should be treated as her son.

I'll have a chat with the nephews and let them deal with the rest.

Thanks for all the helpful replies, very much appreciated.

Dead lost with procedure.

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