Who is entitled, eldest son or next of king?

Question

Asking a question on behalf of family..

My fiancee's grandparent is ill in hospital and the family are preparing for the worst.

My fiancee's mum and two brothers are the children of her grandparent but there is some confusion between the brothers.

As their dad doesn't have a will wrote out, who is entitled to the beloning when it comes to sorting things out? The confusion is wether it be the eldest sibling, or the other son who is next of king. Does anybody know?

Thank you.

Answer 1

No will ajudge will decide it in probate and a lot of assets will be lost. The judge will appoint an executor based on next of kin and the estate will have to pay all bills before any distribution is made. I hate this and it really sucks that ppl are already bickering and trying to get control and the poor man is not even dead.BTW SON trumps sibling. Your child is the next of kin in the abscence of a spouse unless he is under 18 or doesnt want to be.

Answer 2

I've had to help my mom settle a few family deaths sans will.  If he can't specifically make his wishes known there is no will, or only a will that can easily be contested if a lawyer decides to ignore that rule.  Otherwise you'll need to check with the rules in you state/country.  In OH and IN, it will go through probate court.

And depending on the laws and his financial state, there might not be anything to divy up, as his bills might need to be paid first.  When my uncle passed no one got anything - in fact my surviving grandparents - his next of kin - had to foot the bill for the funeral (because they wanted a respectful ceremony and all of his other bills had to be paid first).

I hope your fiancee's grandfather's passing if it is time will be as peaceful and pain-free as possible.

Answer 3

No one has priority...

Without a will..all children have an equal right to the estate. Normally a 3rd of all movable things.

I'd get a lawyer involved as soon as possible..as I'm not sure about English law...but I know that the government can claim part if it's not named in a will.

The lawyer will be able to divide equally any sale of belongings i.e a house or car.

Good luck

Answer 4

thats what i like a good fight befor the poor buggers dead

Answer 5

If he dies intestate (without a proper will) then the Govt takes over and his assets are split between his children.  If a child is also dead, then that share goes to the child's children and so on.  That's why you should ALWAYS make a will because people you don't want to get anything can come out of the woodwork and take their rightful share.  If you really hate your family you can make a will leaving it all to the cat's home.  If you are intestate with no children or distant relatives to inherit, then the whole lot reverts to the Government.

Answer 6

1. Its next of 'kin' not 'king'

2. I thought if you dont write a will, a lot of her stuff gets repossessed, but im not totally sure about that :s

3. I think it should be next of kin if anyone, the eldest sons being greedy if he thinks he can just have everything. To be fair, why dont you just share it if its causing a row..?

Answer 7

Next of KIN has priority. This drives me nuts when family starts fighting over property and money before a family member is dead or even after the death.. If the father is capable of talking and writing, maybe he can draw up some paper work now....Sounds like this is going to get messy with greedy family members and will end up with lawyers and court...Divide everything equaly, thats the best way...why cant people get that.

Answer 8

I think you`ll find, equal shares are the way to go.

Answer 9

The oldest child is his legal next of kin if his wife is deceased.  He would be the one whose decision would count if say the hospital wanted to operate or whatever.  In his demise everything would go to probate and after debts/bills etc are paid then the rest would be split equally between his children.