Author Topic: Rights of next of kin ??  (Read 797 times)

Offline dovely

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Rights of next of kin ??
« on: Thursday 03 January 13 21:11 GMT (UK) »
I am desperately hoping someone can help us !!! 

My husbands uncle died just before Christmas , we were close but we are pretty sure he left no will , the police broke in and found him , despite my 84 year old father in law contacting the police several times they won't / can't advise us on how to gain access to his house , we need to look for A: a will and B: an address book, his funeral is booked and panic settlng in !!!    I hope someone can advise us , I am of the opinion that we can gain access and secure the house properly legally ??  Am I wrong ?   

Sorry should have mentioned 84 year old father in law is next of kin , it's a huge emotional drain on him , please help ??


Sorry to keep adding !  Funeral next week !! Would hate not to notify people who he would have wanted to know ,
Any help greatly appreciated   

Offline fastfusion

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Re: Rights of next of kin ??
« Reply #1 on: Thursday 03 January 13 21:40 GMT (UK) »
You may wish to consult a probate lawyer.. depending on your location look in google or your local telephone book.

Also ring the Clerk of Court and ask for an opinion of procedure.  U  may have to file an application to the courts.      I can assure you that the legal proccess of assignment of estates where there is no will or administrative papers  does take some time, and that is to protect the rights of the deceased and also make sure there are no indentures of liability. 
Usually if there is solid proof in your application that you are the sole surviving kin then the estate may be disposed of within 1 year...  for complexities that arise,  it may take up to 5 years.

m

Offline fastfusion

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Re: Rights of next of kin ??
« Reply #2 on: Thursday 03 January 13 21:45 GMT (UK) »
This may also assist you>


What to do after someone dies - GOV.UK


https://www.gov.uk/after-a-death/overview

Offline dovely

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Re: Rights of next of kin ??
« Reply #3 on: Thursday 03 January 13 21:46 GMT (UK) »
Thank you for your reply , our concern is not with the estate , we know who the next of kin is , it's more about being able to gain entry to His property before his funeral , we literally have days left!! The police have been completely useless !!!  But thank you for taking the time to reply   Dovely


Offline Midase

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Re: Rights of next of kin ??
« Reply #4 on: Thursday 03 January 13 21:49 GMT (UK) »
The police will not advise you on what to do - they are not in a position to do so. I know what I would do as next of kin.

Offline andycand

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Re: Rights of next of kin ??
« Reply #5 on: Thursday 03 January 13 21:54 GMT (UK) »
Hi

It is a difficult situation but if your uncle has no living dependents and your father in law is the closest relative I would just go into the house and look for a will (or any reference to a lawyer). I would let the neighbours know who you are (if they don't know) and what you are doing. If you don't have a key check if any of the neighbours do and if possible have your father in law with you. If you do remove any valuables from the house make sure you document what you remove.

Andy

Offline dovely

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Re: Rights of next of kin ??
« Reply #6 on: Thursday 03 January 13 22:01 GMT (UK) »
Thank you Andy Cand , I think that's what I wanted to hear, we have been helping him out for years , shopping etc , neighbors etc , so I think we need to gain access and secure property , here's hoping for a good out come. !!!  Thank you all so much     Dove