Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Advice re sudden death pls.

22 replies

Wolfiefan · 24/02/2020 11:47

An elderly relative has died suddenly.
They lived on the other side of the country to almost all the rest of the family.
Their sibling is worrying. Well panicking.

They are next of kin for “sheltered” housing. We don’t know if there is a will or any provision for funeral.

Deceased had storage somewhere and a boat. Yes a bloody boat!

I’ve said do nothing for now. There will be an autopsy. But she’s panicking she’s liable for rent and clearing the house etc.

Any advice?
I haven’t a bloody clue. Sad

OP posts:
Gingernaut · 24/02/2020 12:17

Next of kin and any power of attorney documents are now defunct.

It's up to the executor to deal with the estate.

Presumably, that's up to the next of kin who's closest to have a rootle round for a will or for any evidence of dealings with a solicitor.

Wolfiefan · 24/02/2020 12:33

I doubt there is a will. Place is a mess. Sad

OP posts:
Longdistance · 24/02/2020 12:41

This might be useful once the death certificate is available.
www.gov.uk/after-a-death/organisations-you-need-to-contact-and-tell-us-once

Wolfiefan · 24/02/2020 12:45

Thanks @Longdistance

OP posts:
HotDogGuy · 24/02/2020 12:50

With sheltered housing there can often be something written into the contract which allows for a set period of time to clear out the belongings before rent has to be paid.

Wolfiefan · 24/02/2020 12:52

@HotDogGuy the thing is we won’t have access to the property. It’s supposedly “sheltered” and “council” But it’s actually a private company who aren’t answering the phone.
(And they didn’t notice he was dead for a couple of days apparently. )

OP posts:
Greybeardy · 24/02/2020 13:15

Am not an expert, but from personal experience... NOK doesn’t have to worry about liability for rent etc personally - if there is money owed it’s the deceased person’s estate that has to cover it. They also do not have to act as the executor if they are named but don’t feel able to (if there is a will). If there isn’t a will then it’s a bit more complex but the gov.uk website has lots of useful information (google something like ‘what to do when someone dies’). Hope that helps.

Wolfiefan · 24/02/2020 13:17

Thanks everyone.

OP posts:
TeacupDrama · 24/02/2020 13:26

if there are any debts they are paid out of the persons estate before any money is distributed to anyone else, however if estate is insufficient to cover debts, the debts die with them neither the executor or heirs are liable for debts but obviously there will be no inheritance

there will be a time limit for clearing a sheltered house that is rented probably only a couple of weeks howver if it is owned it will be longer rent is still owned for the period up to the property is vacated

Someone will have to clear place and arrange sale of boat and to continue to pay for storage facility until stuff sold if property has to be cleared quickly ( ie 2 weeks ) it could be moved to storage facility until time to sort it

if there is no will there are legal avenues as to who inherits presuming the elderly relative has no children/ grandchildren or parents alive the siblings will inherit in absence of a will

the sibling is not liable for rent but don't let arrears build up at storage facility as stuff might be sold
Any money sibling does spend should be settled ouut of the estate before distribution of assets
only if there is money in the estate

ChicCroissant · 24/02/2020 13:29

Sorry for your loss OP - is it your mum that is panicking? She doesn't have to step forward as executor if she doesn't want to, even if there is a will and she is named - you can refuse to act (as Grey said).

Is it a housing association that is reluctant to answer the phone? Can you email them instead if you have the contact details?

Wolfiefan · 24/02/2020 13:37

@ChicCroissant
Yes mum.
It seems to be council but a private company. She’s phoned but no answer. She doesn’t have internet and doesn’t want me to email.
TBH it’s not a case of worrying about losing out on inheritance. This person borrowed thousands and never repaid it. The “boat” is a wreck! And we don’t even know where the storage facility is.
Think hoarding type behaviour with possibly other MH issues. Sad

OP posts:
ChicCroissant · 24/02/2020 13:52

Was there a mental health crisis team involved at all, or possibly these are all details that you won't know if the relative wasn't in regular contact.

I don't think she is financially liable but I know that might not sink in until she can speak to someone about it. Have you thought of contacting Age UK? They have a telephone helpline that your mum can contact if she'd like to speak to someone, or there is some information online for you to check. If they can't help they can point you towards the right places to go instead.

www.ageuk.org.uk/information-advice/money-legal/legal-issues/what-to-do-when-someone-dies/

Hope you get it all sorted soon OP, I can see why it would be stressful.

Wolfiefan · 24/02/2020 13:56

The deceased refused to engage with medical services etc as far as we know.
Doctors said walk then rest with feet up. Deceased shouting about they can’t do both. Still smoking. Oxygen found in the property. Latest was he wasn’t taking phone calls. None of us have ever been to this property.
What a sad end to a life. Sad

OP posts:
HappyHammy · 24/02/2020 14:56

that is so sad, he would have been known to the medical services to have had the oxygen installed. the council may be able to help regarding the property and have you googled the company that runs the housing scheme. if it is in a real mess they might need to get it deep cleaned, environmental health may be able to help point you in the right direction.

Wolfiefan · 24/02/2020 15:10

He has had a cleaner going in. The lovely manager has said they can’t cancel the DD Themselves so would provide cleaners if needed.
No idea who his GP would have been.
Council referred mum back to private company who owns property and won’t answer phone. I suppose they will call her back when they want his stuff gone. Sad

OP posts:
PanamaPattie · 24/02/2020 15:20

I would do nothing for now. The company will be in touch. Ignore them. Don’t offer to pay for the funeral. If he left debts, these are not your responsibility. Let the local authority sort out the estate and funeral. I’m sorry your Mum is upset but my advice is not to get involved or you will be stuck sorting it all out at your expense.

BarbedBloom · 24/02/2020 15:28

I would advise leaving an insolvent estate alone if you can. If there is no money in the estate and family or friends are unwilling or unable to pay then the council will arrange a public health funeral - they won't get much say over date or time, but people can normally attend. Your mum may not be happy about this though of course. Your mum is not liable for the rent, but posessions may be destroyed or removed by the company.

Wolfiefan · 24/02/2020 15:40

Honestly? She’s mainly cross. Long and boring family history. But she feels she’s being left to pick up the pieces yet again.

I’ve told her to do nothing for now. Wait until the death certificate is issued or at least until the housing people get in touch.

There are two things that were her father’s or grandfather’s that she would like. (I know one was left by a much older relative in his will to my brother. Don’t know how it ended up with the deceased.)

Is it too early for Gin? Blush

OP posts:
PanamaPattie · 24/02/2020 16:12

Never too early. Please, please ignore the housing people. You will be lumbered with the sorting out and it could cost you £x1000s to sort out. I know this because I “volunteered” to help with my Uncle’s affairs. I ended up paying for the house clearance, cleaning of the council owned property - he was a hoarder and the cost of the funeral. It cost me over £7k. I foolishly thought he had a funeral plan or a will. He had neither. I didn’t pay his debts but I was hounded for months by his creditors trying it on. Never again.

Wolfiefan · 24/02/2020 16:16

I’ve basically said wait until someone starts demanding action. Blush
She’s awaiting surgery, can’t drive there and TBH I can’t face it either. (Health issues of my own.) I’m not having a good week. And it’s only Monday.
It’s morbid but it makes me glad that I insisted DH and I did a Will last year. We had planned to do it when we bought a house together, then when we got married and then again when we had kids. The eldest is now a teen. But at least we got round to it. Blush

OP posts:
Longdistance · 24/02/2020 16:43

The link I’ve sent cancels certain services via the council, it may include property such as the sheltered accommodation.
I hope you get everything sorted Flowers

Wolfiefan · 24/02/2020 16:58

Thanks longdistance. I’ve had a look at that link and told mum about it.
It’s daft. Has he got a passport? Doubt it but who knows? In receipt of benefits? Don’t know.
We sound like such an awful family. Blush

OP posts:
New posts on this thread. Refresh page