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legal eagle 73
legal eagle 73, Solicitor
Category: UK Property Law
Satisfied Customers: 466
Experience:  10 year qualified solicitor; LLB; member of STEP and Probate Section
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Until my Grandma died, she lived with my mum and dad - my mum

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Until my Grandma died, she lived with my mum and dad - my mum was her full time carer as my Grandma wasnt able to live alone and look after herself. She sold her house when she moved in with my parents, and gave my parents most of the money from the sale of the property.
My Grandma is divorced (a long time ago) and has 3 other biological children - all by my Grandad.
The only will which was left, states that her property and a little bit of money she had in her bank be split between her 4 children and grandchildren. As the property is no longer hers, can the other relatives claim money back from my mum and dad which my Grandma gave them when she sold the house? Also, would my mum be automatically next of kin to my Grandma as she lived with her and was her full time carer - or would next of kin be my Grandma's eldest child (my uncle). We dont think anyone has a legal power of attorney over her - however if they did, would that make them her next of kin?

Thanks, Louise
Submitted: 4 years ago.
Category: UK Property Law
Expert:  legal eagle 73 replied 4 years ago.

hi there

 

you mention that your grandmother made a Will - the people that she appointed as her executors would be in charge of sorting out her estate.

 

The other relatives cannot claim back any money that your grandmother gave to your parents when she sold her house during her lifetime, assuming that she acted of her own free will and was mentally capable of making the decision at the time.

 

if your grandmother had made a power of attorney during her lifetime, this comes to an end on her death

 

please click on the green accept button so that i can be credited for the advice i have given you

 

thx

Customer: replied 4 years ago.

Although your answer covers most parts of the questions I asked, it doesnt answer the one regarding who would be next of kin assuming there is no power of attorney? Would it be my mum who was my Grandma's full time carer and who my Grandma lived with or would it be her eldest child?

We need to ascertain who is next of kin to my Grandma.

 

thanks, Louise

Expert:  legal eagle 73 replied 4 years ago.

hi Louise

 

can you confirm why you want to know who would be the next of kin?

 

thx

Customer: replied 4 years ago.

Because members of the family have fallen out and no one knows where they stand in relation to who should be next of kin to deal with any accounts/insurance polices etc left by my Grandma.

Each of my Grandma's children seem to think they are next of kin and should deal with her accounts, however I thought only one person would be next of kin - and we are trying to establish who that is so that person can deal with my Grandma's accounts.

Expert:  legal eagle 73 replied 4 years ago.

Next of kin is not relevant in this situation. The only person who can deal with your late grandmother's financial affairs is her Executor if she made a Will or if she did not leave a Will, then her personal representative ("PR"). Her PR would then be her husband, but if had died before her, then any of her children can assume this role.

 

if you believe i have now answered your Q, please click on the green accept button

 

thx

legal eagle 73, Solicitor
Category: UK Property Law
Satisfied Customers: 466
Experience: 10 year qualified solicitor; LLB; member of STEP and Probate Section
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