Forum Topic

Complex Issue regarding Next of Kin

This is not my family but someone who has asked me for help, even though I don't know myselfThis gentleman's, father died two weeks ago and he has been dealing with his affairs as normal’While he was around his fathers house the land line rings and when answered a head of a carers company asked to speak to his father.He was told that his father had passed away, but the reply wasn't expected, Oh sorry to have to inform you that his sister has passed away and your father is down as her next of Kin.Now this guy hasn't got to pennies to rub together, he doesn't know how he is going to settle his fathers affairs, let alone take on dealing with his sisters affairs as well.I wasn't party to the conversation between these people, but it sounds as though as there is no one else left in the family, the legal people follow the blood line down to the last surviving relative.If that's true then in theory he is libel for dealing with both his fathers and his sisters estate.I have tried to research this all afternoon, but found nothing like this situation.If anyone has any knowledge or point me in the right direction, to try and help this guy out , as he’s just going around in circles.

Bernard Allen ● 2095d11 Comments

This is a very sad situation for your friend.  When you say that he is worried about settling his father and sister’s affairs, do you mean that he is worried about covering the costs of their funerals?  If so, there is some financial help available.  I have pasted in a link below that explains this in a bit more detail.  Unfortunately, it doesn’t look as if the financial  assistance covers the full cost, but it is something.https://www.gov.uk/funeral-payments/eligibility

Sandra Jones ● 2095d

A good starting point is here...https://www.gov.uk/after-a-death

Ken Munn ● 2095d

do you mean that he is worried about covering the costs of their funerals.Thanks for the infoYes and anything else that gets thrown at him, as he doesn't know this particular sister. they are the last of nine.

Bernard Allen ● 2095d

Thank You Ken

Bernard Allen ● 2095d

I am not a solicitor but to my knowledge the chap needs to deal with the estate of the person who died first, as their estate passes over to the person who sadly died second. If there are funds in the estate it may be possible to appoint a solicitor who will accept payment once the estates are sorted. Dealing with one estate at a time may be possible for the person to do it himself thus saving costs. It’s really tough.

Jayne Thorburn ● 2095d

Is your friend also worried that he may be liable for their debts?  If so, these would need to be covered from their estate - but if there wasn’t enough money to cover them, he wouldn’t be personally liable.  If he hasn’t got a lot of money, it will be difficult to get advice from a solicitor, but it may be worth him seeking advice from the CAB.  Unfortunately, when there is a death, other agencies often try to make next of kin feel responsible for resolving all sorts of issues - but in reality, he may not need to do this - especially as he didn’t know his sister.

Sandra Jones ● 2095d

He is not liable for his estranged Aunts arrangements.Councils arrange public health funerals when someone dies without any friends or family to take care of the arrangements. They can also step in when friends and family don’t have enough money to plan the funeral themselves, or when the person who died was estranged from their family.Under the Public Health Act of 1984, councils have a legal obligation to arrange a funeral when no one else is available to do so. But they can take back the money spent on the funeral from the estate later on, if the estate is large enough to cover the cost. They have three years to do this.

Andrew Craig ● 2095d

Two points1  Jayne T. I'm not a solicitor either but if Bernard's friend's father died before his sister- which I think is the case - then his fathers estate will pass to him and his aunts estate is a seperate issue.2  Has he ascertained whether his aunt left a will or not? If she did then it will name executors and he needn't be bothered with it at all.Otherwise the info suggested by previous replies I'm sure will be very helpful

David Halliday ● 2095d

Two points1  Jayne T. I'm not a solicitor either but if Bernard's friend's father died before his sister- which I think is the case - then his fathers estate will pass to him and his aunts estate is a seperate issue.2  Has he ascertained whether his aunt left a will or not? If she did then it will name executors and he needn't be bothered with it at all.Otherwise the info suggested by previous replies I'm sure will be very helpful

David Halliday ● 2095d

I was in this position a few years ago. My husband’s mother died and only four weeks later he died unexpectedly. As he was an only child, I had to deal with both estates.  Luckily there were no financial pressures but as you can imagine it was a lot to deal with - especially with an 8 and 4 year old!  My advice to your friend, if possible,  would be to appoint the same solicitor to deal with both estates - at least then everyone is on the same page and he will not be getting conflicting advice.

Anna Beck ● 2095d

No one is obliged to act for anyone else post-mortem. Even people named as executors in a will can simply refuse. If your friend is his father's sole heir, though, then it's in his interest to get things cleared up. There may turn out to be assets he was unaware of.If his father died before this aunt of whose existence he wasn't even aware then he assumes the role of next of kin in his father's place. Again, this does not place him under any obligation to act but if his aunt died intestate and has assets, again it might be in his interest to do so.It is an unusual situation. I think my first move would be to establish the exact identity of this aunt. Maybe she's a sister-in-law rather a sister, for instance, which would change everything.

Susan Kelly ● 2095d