Parent Dies Intestate

Thread starter #1
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Need a quick bit of advice as I know of this happening today whilst I support them going through other routes. Speaking on behalf of this person…

If my father dies intestate and I plus two older step-sisters are the nearest relatives - how do I stop these sisters making decisions on his burial/cremation without my consent; and stop them clearing the rented house of his possessions and emptying his bank accounts. They are aiming to cut me out of everything.

What can I do today?
 

ExRabbit

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For a start off, if the father has no partner, then the three children are entitled to equal shares of the estate if there is no will. Any attempt to try to take more would be illegal. Nothing can be done (legally) until a death certificate has been issued and probate applied for, except for providing for funeral expenses.
 

Hobbit

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If they have the bank card and keys for the house… basically, nothing. You can’t freeze the bank account without the death certificate, and the ATM doesn’t know who is making the withdrawal. And you can’t, legally, change the locks without a court order.

You can get a court order ordering them to return whatever they take. Been there, suffered it, didn’t bother with an order, just wrote off what was lost. Thankfully the sale of the house required 3 signatures, myself, my sister and the other thieving sibling.
 

Bratty

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Go and take photos of everything of value in the house. Have someone go with you to the house, write down what's there and both sign and date it. It won't stop them selling stuff, but it makes it far more difficult for them to contest it didn't exist when in court.
Sorry your friend has to go through this at such a horrible time!
 

Blue in Munich

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Need a quick bit of advice as I know of this happening today whilst I support them going through other routes. Speaking on behalf of this person…

If my father dies intestate and I plus two older step-sisters are the nearest relatives - how do I stop these sisters making decisions on his burial/cremation without my consent; and stop them clearing the rented house of his possessions and emptying his bank accounts. They are aiming to cut me out of everything.

What can I do today?
See a solicitor! As well intentioned as it may be, and with no disrespect intended to those who have offered advice, a golf forum is not the place to be seeking advice on something of such importance, especially as there would appear to be some "background" to this.
 

Blue in Munich

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drdel

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If there is serious concern get your solicitor to write to the people concerned stating how the situation is under scrutiny and that you will take an inventory of assets.
 
Thread starter #11
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Correct but in this situation I interpret it as step sisters to the person asking the question so they all have the same father - the person who is intestate
Correct.

I’ll add that it appears that my friend‘s two step sisters have no interest in tracking down any will, at the moment my friend is assuming that there isnt one - her dad never mentioned making one, but of course there might be a will. Plus it appears the two step-sisters have been through the house and have cleared out what (probably) little money their dad kept in his (rented) home - though given his circumstances there may have been a few hundred. My friend isn’t bothered about that but it’s indicative of what’s going on. The two step-sisters are maybe 20yrs older than my friend and they think she is useless and stupid; have said some very cruel things about her…and they have no relationship at all with my friend. We don’t believe either of them had any powers of attorney for their dad.

Some good advice already received - many thanks all for that. Pretty grim since her dad only died on Father’s Day…so just three days ago. I have already advised her to speak with Citizens Advice on getting a solicitor involved. She has no money whatsoever so no way of engaging a solicitor directly.

The main thing I was really looking for from the forum was if there was something very quick that could be done immediately and before CA and a solicitor were engaged in the next day or two. I think I got that…and it’s not a lot and nothing to actually stop the two step-sisters in their tracks - making an inventory is pretty much it.
 
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Thread starter #13
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Step siblings aren't blood relatives though, maybe they mean half sister?
Sorry you are right, the three sisters all have same father but two different mothers. The two older sisters have the same mother, my friend has a different mother. Apologies for confusing.
 

Canary_Yellow

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It was me being pedantic, SWIL, sorry. I just thought it might be useful to clarify in case anyone else stumbled across this in the future.

Hope all gets resolved positively, it's a miserable business in every way.
 
Thread starter #15
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It was me being pedantic, SWIL, sorry. I just thought it might be useful to clarify in case anyone else stumbled across this in the future.

Hope all gets resolved positively, it's a miserable business in every way.
Well she had a long chat with Citizens Advice this afternoon and has engaged with her mum…thats another story…who herself has recently had to deal with the passing of her own father…my friends maternal grandfather. So at least she now has some family support and understanding on what she has to do.
 

MadAdey

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From what I know with regards to other people in this situation is this. If there is no will then who gets what will have to be decided by the concerned parties or by going to an arbitration to get it sorted out. What I understand with regards to this situation is that they have no right to remove property from the estate though because in the event of no will all property reverts to the children and becomes their property. But like others have said, unless you have documented everything that is in the house, if you take legal proceedings against them then it becomes a "he said, she said" situation as to what was in the house and what they have taken without your consent. But it has already been said that this is not the best place for legal advice, I only know of one solicitor that comes on here who could maybe give you a legal perspective on it, that is if he still comes on here.
 
Thread starter #17
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From what I know with regards to other people in this situation is this. If there is no will then who gets what will have to be decided by the concerned parties or by going to an arbitration to get it sorted out. What I understand with regards to this situation is that they have no right to remove property from the estate though because in the event of no will all property reverts to the children and becomes their property. But like others have said, unless you have documented everything that is in the house, if you take legal proceedings against them then it becomes a "he said, she said" situation as to what was in the house and what they have taken without your consent. But it has already been said that this is not the best place for legal advice, I only know of one solicitor that comes on here who could maybe give you a legal perspective on it, that is if he still comes on here.
👍
 

Swinglowandslow

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You may already have done it, but if you Google "dying intestate means" then the first site which comes up takes you to citizens advice website
There is full advice there in relation to exactly who and who cannot inherit including children when there is no surviving spouse or civil partner.
(Probably same advice as your friend got from visit to CA?)
Seems clear to me that the rules are strict and any pre emptive taking of property by persons before the rules decides who gets what , is laying themselves open to all sorts of trouble.
It amazes me how much the general public are ignorant of the fact that there are strict uncompromising rules-laws- about what happens to people's property when they die. What the dead person told them or anybody else before they died about their property counts for "jack" as far as the law is concerned.
 
Thread starter #19
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You may already have done it, but if you Google "dying intestate means" then the first site which comes up takes you to citizens advice website
There is full advice there in relation to exactly who and who cannot inherit including children when there is no surviving spouse or civil partner.
(Probably same advice as your friend got from visit to CA?)
Seems clear to me that the rules are strict and any pre emptive taking of property by persons before the rules decides who gets what , is laying themselves open to all sorts of trouble.
It amazes me how much the general public are ignorant of the fact that there are strict uncompromising rules-laws- about what happens to people's property when they die. What the dead person told them or anybody else before they died about their property counts for "jack" as far as the law is concerned.
Yes indeed I directed her to the CA website, and yes - there are checklists on what to do…it is prescriptive. She has sent the link to her half-sisters, and also asked if they have registered their father‘s death with Tell Us Once. Thing is, the two sisters clearly reckon that my friend is by herself with no support; that she is too dim (she’s not) and uninformed (she was) to know what her rights are and seem to be trying to pull a fast one. They are having to think again.

Fortunately now that she is engaged with the right people and resources I may able to stand aside.
 
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