Next Of Kin

[Lobsang29]

My sons estranged father was recently found deceased in his assisted housing flat.He was a long term alcoholic. The flat he had been living in was in a terrible state, 500 empty whisky bottles and very dirty. The office on site said he hadn’t been seen for many weeks but wasn’t checked on until neighbours suggested he should be. My son and I are paying for his funeral and my son and his wife have cleaned out all the bottles and rubbish from the flat. I haven’t seen his father since divorcing him 45 yrs ago and my son has been estranged from him for at least 10 yrs. My question is the assisted housing company have told my son that it’s his responsibility to empty the one bedroomed flat of all its contents. Is he legally responsible to do this? Thank you.

[bobbinwales]

Is he a beneficiary in the will or an executor.. If so I think he has an obligation, but his free to say no

[davebro]

I wouldn't think so but I'm not a lawyer!

[Ken4155]

This is all i could find on a Google search and it primarily deals with paying for the funeral. However, if you read para 5, it very briefly mentions house clearance. Contact your local CAB for a more professional slant on things.

https://www.mumsnet.com/Talk/legal_matters/1181194-Estranged-father-has-suddenly-died-are-i-responsible-for-his-funeral-arrnagements-costs-Looking-like-he-had-no-money

[Lobsang29]

Just to clarify that there is no will, no estate and every penny he had went on whisky…

[davebro]

It sounds like they will need to fully refurbish the place anyway so emptying it should be a minor issue.

[Bazile]

Clear it up - he might come across something valuable

[Hopkirk]

What could they do if he refused?

[Ken4155]

As next of kin, it was my responsibility to clear my mothers possessions out of her bungalow after she died. Her living room carpet was like new (a quick clean was all it probably needed) and i felt it a shame to lift the underlay in the bedroom as it was quite a decent thickness. I got verbal permission to leave both down and cleared out the rest of the house. A few weeks later, i received a bill for the clearance of said carpet and underlay. Of course, i refused to pay.

[-SharonA-]

When my dad died, my brother and I were responsible for clearing his council flat of all furniture and belongings.

[barry1010]

Sharon, what would have happened if you refused? Had you previously signed any sort of contract with the council?

[barry1010]

Lobsang, no he isn't unless he signed a contract with the landlord stating that he would

[maggiebee]

Wasn't he paying rent for this flat? For an assisted housing flat it doesn't sound as if much assistance was being given. I don't think your son should be responsible for clearing out the flat any more than you and your son are responsible for paying for his funeral. However, I'm not a lawyer and know little or nothing about English law. Have you spoken to a lawyer or even CAB for advice? Sorry you are in this predicament.

[-SharonA-]

Barry, I had no contract at all with the council. I had nothing at all to do with them apart from notifying them of the death and they told me as the rent was paid up to the end of the month, I had until then to clear the flat.

[New Judge]

//...as the rent was paid up to the end of the month, I had until then to clear the flat.//

But were they not simply giving you that time to remove anything you wanted to keep, Sharon, after which they would dispose of it?

Generally speaking other people are not responsible for clearing properties in these circumstances. Apart from anything else, who would the responsibility fall to, bearing in mind that "next-of-kin" has no legal standing whatsoever? The property owner might make a claim on the deceased's estate (though I'm not sure whether that would succeed). But if there is no estate to speak of....?

[Maydup]

I think your son and his wife have done quite enough. Take anything that's useful and leave the rest; no one is legally responsible for their parents estranged or not.