Legal guardian question

[MrsPotterings]

My brother is seriously ill in hospital. He is a single father for his 16 year DD with the estranged US citizen mother living in the US. If he doesn't make it, I understand any inheritance is managed for his DD for her legal guardian. But who would that be? Is it automatically the mother even though she doesn't live in the UK and DD is likely to stay in the UK?

You need to get a solicitor involved as quickly as possible. Is your brother able to engage with a solicitor to make decisions and sign paperwork?

Sorry to hear he is so Ill

Your DBro needs to make a will ASAP (if he is still able to) or if he already has one, make sure someone knows where it is.

In the will he can specify his wishes for guardianship, and if he states that his DD should remain in UK because it is her interests (staying with friends, near the family she's familiar with and continuity of education) t's very likely it will be upheld. Especially as it seems the DMum plays no role in her life recently.

He also needs to appoint trustees (which do not have to be the same person as the guardian - indeed there are good reasons to have separate people in those roles)

In the short term, where will she live whilst the longer term admin is sorted out? And will that person be able to provide a homely base for her not just until end of school/education at 18, but right the way through young adulthood?

Sadly my brother is much too ill to do any of that. He isn't conscious.

Farahilda She is currently living with my sister. Some of my brother's friends have offered to give her a home as well if the worst happens.

Two separate issues.

A special guardianship www.gov.uk/apply-special-guardian maybe appropriate. You or your sister could apply, you may need approval of her mum or as she is 16 and old enough to state her preference you maybe able to get it court ordered.

Inheritance - if there is a will it may state who the trustees are, if not it is the executors responsibility to either be the trustee or to appoint a trustee. If there is no will, the laws of intestacy apply, the estate administrator(s) are responsible for being trustees or appointing trustees. Provided your brother is not married (divorced) as his siblings you and your sister are likely to be most appropriate administrators of his estate and so can either be or appoint trustees.

In both cases you need to get legal advice asap, preferably from a STEP solicitor www.step.org

I am sorry your brother is so unwell and the family is having to deal with this difficult situation.

Princessglittery Thank you so much. My brother is divorced and it is his ex-wife who is the mother.

I don't know if there is a will but I wouldn't not be surprised if he never wrote one. Who are the executors and/or estate administrators?

In the case of no will, they are whoever applies for probate, which has to be with the next of kin's (daughter, presumably) permission. I did this on behalf of my nephew, even though he was over 20 - he had to supply proof of ID and a signature.

crabbyoldbat Thank you very much. I have a related question I will pose separately.

@MrsPotterings www.gov.uk/applying-for-probate/if-theres-not-a-will

As your niece is under 18, you and your siblings are his nearest NOK so should be the people who can apply for probate. As part of this you would appoint trustees to manage your niece’s inheritance. You and your siblings can be the Trustees.

This shows your niece would inherit everything. www.gov.uk/inherits-someone-dies-without-will

@MrsPotterings Executors and administrators are the people who apply for probate, pay inheritance tax, pay any debts and distribute the estate to beneficiaries.

A will normally names the executors. If no will exists, administrators is the name for the people who apply for probate and administer the estate.

Princessglittery Thank you