Intestate question

[WingingItSince1973]

My dad died on Sunday. We didn't have a close relationship. I did try and keep up one with him but he was a stubborn man and I don't think really like me as we are very different people. My mum was a victim of dv and left him when I was a toddler (am 50 now). I had close relationship with aunties and grandparents on his side of family so saw him sporadically during my teens but nothing much during my adulthood. Anyway I was called to the hospital by my aunty and was with him when he died. He wasn't awake and I'm not sure if he knew I was there. So here's the thing. Aunty messaged me to ask if his name is on my birth certificate. It is and I sent her a screenshot. Now he didn't have a will and I'm and have been for the last 10 years his next of kin. No more children. He outlived his partner and they weren't married. There seems to be no legal papers anywhere to suggest anyone is next of kin. I'm being told now that a verbal agreement was my aunty and another uncle to have any money left over and treat myself and 3 others whatever that means. My aunty had a very close relationship with him along with my remaining two uncles. My question is would I be contacted regarding his 'estate'? He didn't own property and I have no idea of his finances. They are emptying his council house this week and have turned down my offers of help. There's also a chance now of compensation as he died with a condition bought about by his working environment and we are waiting for post mortem. My aunty wants to take over everything. Morally and legally what should I do? I'm not one for confrontation and it would be easier to give my aunty legal powers but then part of me thinks my dad owes me for never ever providing anything for me. I hate this though as I'm not at all materialistic but if there's a good amount of money it would really help my situation as I don't work due to illness and my poor dh shoulders the burden of earning a living and we live week to week. Sorry it's long. Hope someone can help advise what I should do xx

I think you need to be firm, that legally if there is no will, you will inherit his estate.
I would contact the hospital and make it clear to them that YOU are next of kin, NOT aunty and they must contact YOU not aunty.
I suggest contact https://www.bereavementadvice.org/ for help and support

I'm not sure it's even legal for them to get the death certificate, it should be you doing that! You get a document from the hospital which the doctor has to sign and have to book an appointment at the registry office at the Town hall to register the death and receive the death certificate. You really need that for any financial dealings such as at the bank and for the funeral directors so it would be much better for you to deal with that.

@WingingItSince1973 you have to be proactive. Speak to a lawyer today and ask for advice about being next of kin and your auntie trying to take your inheritance. Also ring the hospital and tell them that you are your dad's next of kin so they won't discuss anything further with your auntie. You also need to get hold of your dad's paperwork - maybe the lawyer can help you obtain access to the house so you can change the locks? Then sort things with your dad's bank. Your auntie isn't entitled to anything.

Next of kin doesn't hold any legal weight.

The hospital's legal department won't be advising your aunt. They are there to protect and represent the hospital in legal matters. Your aunt is not their client.

It sounds like the estate will be fairly small but you will be entitled to anything there is from pensions and bank accounts. There might also be a significant payment relating to the work-related issue. You need to bite the bullet and get into his house. Don't hang around - council houses usually have to be cleared quickly.

Your aunt knows that she's in the wrong. She knows that you will inherit anything. I hope you do speak to a lawyer today and get everything sorted.

As an addition, my friend didn't handle any of the paperwork side, the solicitor did. You don't need to go rummaging through his house. There are ways the financial information can be gathered officially. Just get to a solicitor today with all the information you have - they'll do the rest.

It comes to the same thing in the end, but the aunt doesn't necessarily know she's in the wrong, and she may not be deliberately trying to deceive the OP. We see on MN all the time that many people know nothing about the law and often think they can just decide things to suit themselves. In the aunt's mind she deserves to take the compensation payment because she had a closer relationship with the deceased than the OP, his only child. The law says differently, though, and if the OP can't face dealing with these people she needs to hand the whole thing over to a solicitor. First sign of a row with the aunt and other family members - block them, refuse to engage, refer them to the solicitor. The law is on the OP's side here, from the facts we have.

The bank won't simply hand the money over to the aunt, surely. I am not a lawyer, but as I understand it what should happen is that as soon as they're informed the OP's father has died his account will be frozen. The bank will only release the funds to the administrator of his estate on receipt of the right paperwork, which will include sight of the death certificate. If the amount is small, they probably won't insist on probate, if our experience with my Dad's estate is typical. We were able to fill in a bank form instead because the amounts involved were quite small.

If someone registers the death because they are in charge of organising the funeral, they will have the death cert and could then ask the bank to pay out the funeral costs etc. Sounds like the aunt is thinking this is going to be her. However, you are legally the only beneficiary and you need to step forward here and make sure you are the one who registers the death, organises the funeral etc. DO NOT step back and let the aunt do everything. Yes it's awkward and you don't want to be hated but you just have to do it. Get legal advice today.

You would think the bank surely wouldn't just hand it over, but as things currently stand, the aunt could get the yellow slip from the hospital meaning she could register the death and then have the death certificate. It's critical the OP has it and not the aunt. As you say, sometimes when the amounts are relatively small, banks will release the funds.

Just remember, it’s your aunty who does not have the right to do this. As other people have said, you need to be proactive in this. Your Aunty does not sound that great!

Just to add OP, if you can’t afford to get advice from a solicitor then go and see your local Citizens Advice. They will advise you for free. But they won’t act on your behalf.

I am sorry for your lossOP. Being next of kin from the point of view of the hospital is unimportant now, though may have given your aunt contact with a funeral company. What is important legally is that you are your father's child and if he was intestate, you inherit his whole estate. That includes being able to go into his home and "clear" ie. have his belongings and paperwork. You need to do this - forget what your aunt thinks. Could you explain to the landlord that you have inherited your father's goods, so they should be able (with your proof of being his Dc) to let you have keys. Why has your aunt got keys anyway? Being next of kin if that is what she claimed, means nothing now. Legally you are his only heir. Perhaps you could do with back up from a solicitor. As anoher person said upthread, your relative may be trying to take what is yours, to which she has no legal right whatsoever. Go for it OP.

Thanks again for replies. So I messaged aunt today to say I'm going citizen advice for direction of what I need to do. She's asked to meet me to discuss dad's finances and go from there. I still haven't broached the subject of his house. I'm thinking she's embarrassed of what I'll think of the state of it. From what I've been told he's been too poorly to get up stairs and has been living downstairs sleeping in the lounge and washing in the kitchen! She said again she's annoyed she didn't get him to make his wishes known in a will when they were discussing it. I'm trying to go steady as I want to keep communication open. Also yes I can't afford a solicitor. I am seeing citizens advice on Friday so will tell her everything they say. I have said I want to get this all sorted legally as I don't want any comebacks. I'm very vulnerable to stress. It makes me poorly. I'm not a shrinking violet but I need to watch my health. The coroner has been in touch with her and said definitely needs a post mortem. I need to ask her wether she's applied for an inermin death certificate. Honestly it's horrible to be plunged into this. If it was my mum it would be different as we have a relationship and see each other daily but this man is a stranger to me.

Thanks for this. I think my aunty is sure she should deal with everything. I've said I'll get some legal advice but she keeps saying don't worry she will sort it. I don't even think I'll see the death certificate. I'll definitely seek legal advice. Thank you.
Of course she's saying she will deal with everything. She knows it's legally yours. She is trying to swindle you.
She asked if he was on your birth certificate because she was hoping he wasn't so she could deny you were his child.
Don't let her get away with this. He may have more than you think and he owes you

You are his closest relative as his only child and therefore you inherit everything.
Your aunt should not touch anything.

It is up to you to administer the estate and you should deal with getting probate so all bank accounts etc can be closed. Banks et all will ask for proof that you inherit and therefore the paperwork needs sorting either by yourself or a solicitor that you engage.

You need to ask all relatives to leave the property. You need to ask for the keys and change the locks so that you can check through all the paperwork.

Essentially
Your aunt would have to lie on the probate forms in order to inherit. There are questions which ask for known living relatives. The only way you will lose your inheritance is if they lie. I wouldn’t wait till then though……there may be nothing left.

The death certificate should be given to the closest relative I believe.

You will need it to apply for probate and register the death.
I would tell the hospital you are his daughter and closest relative and only you should be given it.

If I phone the hospital tomorrow who do I speak to? The department he died in? This would really really upset people if I stepped in. My aunty said today she had heard back from the hospital and they have definitely confirmed a post mortem so they have her contact number. If I phone them and say I'm his daughter would they then start contacting me? I did tell the palliative nurse on Sunday that I was his daughter. She didn't know and was very sympathetic but obviously not made anything of it as they gave all the grief information package to my aunty and not me.

@tridento

'She asked if he was on your birth certificate because she was hoping he wasn't so she could deny you were his child.'

That's a very good point I hadn't thought of that!

OP she's not being nice or helpful. She's being sly and grabby

@tridento I would be saying exactly the same if I was reading this. Yes you're right. She's always been really lovely to me so it's hard to make a stand.

I don't really know, but you could try the hospital's main switchboard' mortuary, or PALS departments.

It could also be worth calling the coroner's office to give them your details.

You also said a while back they were emptying his council flat this week...you have every right to be involved if you want, so don't stall on that. Councils don't give long (two weeks IME) before the require a property back to re-let.

Yes.
Phone the department and ask if they will be issuing the death certificate, if it’s another department ask to speak to them.
Tell them you are his daughter and next of kin
Ask them when the post-mortem will be done and that you and only you should be issued with the death certificate.
Tell them your aunt is not your dads next of kin

Just be official. You don’t need to apologise or make excuses to anyone.

https://www.nnuh.nhs.uk/patients-visitors/help-support/patient-services/bereavement-office/post-mortem-examination/

This is my local hospital, if you have a search on the website of the hospital that he died in they should give a number for you to call.

Most hospitals will have a bereavement service. These people are there to sort out the death certificates and signpost relatives to places that can get help with their grief.
call the switchboard at the hospital and ask if they have a bereavement service as you need to find out how to get your fathers death certificate. The switchboard will know who to put you in touch with,

once you have the right department, tell them you are the closest relative and you want all contact to go to you from now on.
Good luck OP, you have lots of support on here.

Even this is wrong OP, she has no right in actually discussing your dad's finances with anyone-she is not the next of kin, there is no will and she did not have POA. She should not be entering his house or doing anything with his property. Your dad has not even been released by the hospital yet and she's already focusing on his money-it's disgraceful.

I would not worry about upsetting this sort of person, and it makes me wonder if he actually had more money than you think and she's trying to hide it from you.

Tell her you are his next of kin, and get the house keys off her. Even if you do not want to enter the house right now. You can even hire a cleaning company to at least clean it while you have some breathing space.

She should not be overwhelming you like this and trying to have these conversations about finances when your dad has just died. It's incredibly manipulative.