How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

My Brother was married to a lady who had four daughters. He

Resolved Question:

My Brother was married to a lady who had four daughters. He was not their father as he couldnt have children of his own. They divorced later but he kept in touch with the "daughters". He died yesterday and now two of them are saying that there are three of us (me and 2 of them) who are his next of kin on paperwork. I assume this means the paperwork at the Hospital as he has been in and out for a long time. Im his sister and he has one other brother . How much truth is there in this assumption made by the girls, and are they his next of kin in law
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am sorry to hear of your loss.

The daughters are sadly mistaken if they think they are one of his legal next of kin, unless your Brother had made a Will.

In law, you and your brother are the next of kin, full stop.

Therefore, if your brother has not made a Will, you and your brother will inherit a half share each, and either of you can apply to the Probate Registry to become his Administrator, being th eperson who is entitled to deal with his Estate.

Only if your brother has made a Will, appointing you and the 2 daughters as Executors, do they have any say in his Estate- the Executors of the Will are those people entitled to deal with his Estate, arrange funeral etc.

You therefore really need to establish if your brother made a Will or not.

I hope this assists and sets out the legal position.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Al and thank you for the reply. He made a will saying he left everything and all his possessions to me. Even his life insurance names me as the beneficiary. These are in my possession and I think this error occurred when he, or whoever admitted him, was asked his next of kin when going into hospital. I have now registered his death and rang the pensions people. The registrar gave me a form for his Bank to help with gaining admittance because I married after he did these things and my surname has now changed, so hopefully I should be able to complete what ever is necessary. Regards, ***** ***** you for your condolences, regards, ***** *****

Expert:  Aston Lawyer replied 2 years ago.

Hi Irene,

Thanks for your reply.

Hospitals always ask for "the next of kin" but whoever they record as next of kin has no legal bearing on who is entitled to deal with and benefit from the Estate.

As you have been left everything in his Will, you alone are entitled to it full stop.

Good luck.

If I have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al