Who Is Responsible?

[Kathyan]

My daughter's father and I are divorced. She hasn't really had anything to do with him for over a year. She found out on Saturday that he is in a care home (last time she saw him she said he was forgetting things). She has also found out that his sister has died and that she was his next of kin. His nephew is now down as his nok. What are the implications should he die? Will she have any responsibility regarding funeral and payment of bills? Any advice would be welcome.

[ummmm]

Anyone can be named as next of kin. No one is responsible for funeral costs. If he doesn't have the funds himself the council pay for a basic funeral package.

[bednobs]

do you think he has a will? if so, is she named as exector?

[Kathyan]

I am unaware of any will but would be very surprised if there is one!

[Sycamore3House]

If someone dies before a certain age (not sure what age but below 59) you can receive a grant from the Goverment for a funeral package.

[ummmm]

It's any age.

[EDDIE51]

You don't just get it, you have to apply for it

[Peter Pedant]

If he has no will then your daughter will inherit everything under the intestacy laws and so should be thinking about her duties

( she doesnt have to administer her father's estate but it makes sense that she does )

and start to read about intestacy....
at something like this
http://death-duties.co.uk/content/executors-and-administrators

her Dad's estate will have assets and debts and once all the debts have been settled IF there is not enough money then your daughter is NOT responsible for the outstanding debts. If the assets are greater than the debts as they usually are then she will get the whole balance
BUT
alot of people who read that the debts die with the dead man, think the lucky heir can pocket the assets and tell the debtors to get knotted. This is certainly NOT the case

It is in fact quite straight forward - I offer to bereaved neighbours that I will help them with any forms and they usually find the wherewithal to fill them out by themselves and so then I dont get to see their money accounts .....simples

[Hypognosis]

Regarding the care home sutuation: is he still "of sound mind"? I mean that in the sense of: is he capable of making a new will as if now?

It's not much of an issue if your daughter really is likely to get 100% but, given the divorce, there's no knowing whether he might want some small awards to his siblings, nephew etc. or even to his choice of charities.

The legal experts of Answerbank might be better placed to comment on what counts as "of sound mind".

[Kathyan]

Well she went to see him last night and half of what she has been told is untrue! He is in the home simply because he wasn't looking after himself. He does have a heart problem but nothing too serious. His bungalow (council owned) has been cleared and all he has now are personal items. Thanks for all your replies.

[Peter Pedant]

don't worry Kath this happens a lot....

Q. what is the position for an OAP being held at gun point and locked in a...
Later oops sorry - he's not over 65, he's not being held at gun point and hes not locked up

It comes with third party questions - that is questions where you dont have first hand knowledge.


I passed on a complaint to the president of an org and wrote back to the contact: "I stated that you did XYZ...."
and he wrote back in a panic saying oo no - it was my friend madge, and Madge THINKS XYZ.......
[ oh bloody hell - why did anyone open their mouths ? ]

that took a bit of sorting out ..... [ I dont do it now ]

[Kathyan]

Peter are you Ok? I have no idea what you are talking about!

[snags]

Don't worry Kathyan, many other ABers have little idea what PP is saying the majority of the time either...

[Mamyalynne]

Kathy, you are not alone.