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Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise - Family - Nairaland

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Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 9:40am On Oct 12
It is quite a long story please read and advise.

It is a case of a very toxic marriage between my late aunt and her late husband, the marriage was never approved by my late aunt's mother in-law and both she and her husband were of different religion (my aunt been a christian while her husband a muslim).

They eventually went ahead with the marriage anyways and that was the beginning of her miserable life with her husband, the husband wanted to convert her to islam which she strongly object to till her untimely death. The husband who is very learned (A renowned professor) and well to do man was kind of a puppet to his mom and they both made her life miserable in ways you won't ever imagine.

My aunt never had any of her four kids (all grown up now) in her husband's house as the man will chase her out each time she's due for delivery and will only allow her back after the intervention of his colleagues, the king other notable personalities. This was the condition that surrounded her during her child bearing years, needles to talk about the trauma she always go through during pregnancies and how her husband will always blame her for allowing herself to get pregnant.

He does not eat her meals neither do they ever discuss about anything, they were like sworn enemies living together as husband and wife. He was only responsible for her children's school fees while she took care of every other thing you could think of concerning her and her children, you will never believe she's the wife of this man on seeing her and the kids never had any atom of good memories with their dad.

Her husband had a son from another woman his mom married for him. My aunt continued staying married to this man despite all the advises given to her, she was strongly against divorce as a very strong Christian that she is (An S.U). That was how she lived her miserable life until her husband unfortunately died over a brief illness, after the burial her mother in-law called to ask her what she's still doing on earth and that won't she join her late husband, she also told her to get ready to join her husband soon and exactly two months after her husband's death, my aunt mysteriously fell and died on the Altar while praying in her church, exactly two months after my aunt's mother in-law died too.

The three of them (my aunt, her husband, her mother in-law) are all late. Things started unfolding after their deaths, this man was very rich and has properties everywhere of which my aunt and her children has no knowledge of, it didn't end there, my aunt's husband used an elderly man whom he's not related to in any way as his next of kin. Now this strange man he used as his next of kin has refused to release this man's money and properties to his children, though my aunt's kids have refused to have anything to do with their father's wealth stating that their mom gave them everything they ever needed in life.

Now remember I told you about a son he had with another woman, the said son is now fully back to reclaim all their father's wealth and possessions from this man but he has refused to let go of any, he has been dragged to the king, different group of organizations but all efforts to reclaim his father's wealth and possessions from this man proved abortive. This man(my late aunt's step son) came to meet my mom to help him talk to my aunt's children to get involved so they could claim back their dad's wealth and possessions from this man but they have strongly refused to be involved.

Please what do you advise? What steps should he take to reclaim their dad's wealth and possessions from this man, remember he was unfortunately used as the next of kin.Thanks.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Nobody: 11:23am On Oct 12
In the absence of a will, the next inline to inherit a deadman properties is his next of kin...

And sometimes people use different names as next of kin for different stuff, for instance, when opening a bank account, I can use you as next of kin and then not use you as next or kin when I get a land(or make a business transaction)...

Their best bet is to know who the next of kin is in the individual property of the man...

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 11:34am On Oct 12
Favfables:
In the absence of a will, the next inline to inherit a deadman properties is his next of kin...

And sometimes people use different names as next of kin for different stuff, for instance, when opening a bank account, I can use you as next of kin and then not use you as next or kin when I get a land(or make a business transaction)...

Their best bet is to know who the next of kin is in the individual property of the man...
In this situation, he neither used his kids nor any of his relative as a next of kin.This man happened to be his next of kin to all he acquired while on earth, I don't know what he was thinking when he took such disastrous decision. The man he used as his next of kin is even older than him

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Nobody: 11:45am On Oct 12
Iyaebe:
In this situation, he neither used his kids nor any of his relative as a next of kin.This man happened to be his next of kin to all he acquired while on earth, I don't know what he was thinking when he took such disastrous decision. The man he used as his next of kin is even older than him

Hmmmmm...
Honestly I'm not sure there's anything they can do o cause "next of kin" does not necessarily means a loved one, it means heir to inheritance, the absence of a will makes it difficult for them to take back their fathers properties...

I think they should just bring in some elders and appeal to the man to give the kids some of their late father's properties, if the were to go to court with this, I don't think they will win, especially since there's no minor amongst the late man's children or is there?? Did the late man leave behind a child below 18??

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 11:49am On Oct 12
Favfables:


Hmmmmm...
Honestly I'm not sure there's anything they can do o cause "next of kin" does not necessarily means a loved one, it means heir to inheritance, the absence of a makes it difficult for them to take back their fathers properties...

I think they should just bring in some elders and appeal to the man to give the kids some of their late father's properties, if the were to go to court with this, I don't think they will win, especially since there's no minor amongst the late man's children or is there?? Did the late man leave behind a child below 18??
They are all above 18 sir,the man has been summoned by the king and other organizations but he has refused to let go,he's behaving as if fortunes smiled on him.Its a very serious case.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by greenie77: 12:27pm On Oct 12
The late Professor never wanted his children to inherent from him or did the man he used as the next of kin hypnotize him?

Your late aunt's children are not interested in what their late father left behind and can't be forced to be as they have rejected his memory and the material possessions he left behind.

The other son will have to be a lone ranger in this

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by tayo60(f): 1:56pm On Oct 12
Tell them to go spiritual on the man ( I mean through serious prayer and fasting). He will submit all to them willingly

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 2:31pm On Oct 12
greenie77:
The late Professor never wanted his children to inherent from him or did the man he used as the next of kin hypnotize him?

Your late aunt's children are not interested in what their late father left behind and can't be forced to be as they have rejected his memory and the material possessions he left behind.

The other son will have to be a lone ranger in this
The man deliberately excluded his kids from been his next of kin,he somehow transfered the hatred he has for his wife to his children as well.The house he built for his mom(that's my aunt's mother in-law) was also given to a certain woman that lived with her while she was alive,she(my aunt's mother in-law) handed over the house documents to that woman and willed it to her before she died.Its a very terrible situation. I think the aim was for my aunt and her kids not to ever inherit anything from their dad.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 2:32pm On Oct 12
tayo60:
Tell them to go spiritual on the man ( I mean through serious prayer and fasting). He will submit all to them willingly
Only the son from the other woman is interested in pursuing the case,my aunt's kids ain't interested at all.Hmm can going spiritual solve this situation.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Pootle: 3:26pm On Oct 12
a learned man with no will...crazy

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by juri: 3:49pm On Oct 12
iyaebe:

There is something most people do not understand when it comes to issues involving Wills or Administration of Estate.

Legally Speaking, That someone was named a Next of Kin NOK, to a Diseased/Dead Person, does not mean he gets to own or use the properties as he wishes. It simply means such a person is charged with the responsibility of administering the Deseased Estate in the interest of the beneficiaries, in this case the wife/wives/children. When the NOK fails to do this, these beneficiaries have a right to seek redress through the courts.

Note further that this man or anybody who is to act as next NOK, must obtain a Letter Of Administration LOA, from the court empowering him to so act. It is not enough that you are listed as NOK in some Bank Form or Employee Employmenr details.

Note also that all I have stated here is premised on the presumption that there is no WILL. Where there is a will, then the properties will be administered according to what is in the WILL. Are you sure your aunt's Husband did not will his properties to this man?.

By the way, you are yet to respond to my mail sent to you when you were R and
you toled me of busy academics. How is studies and have you changed the mail or something?

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 4:04pm On Oct 12
juri:
iyaebe:

There is something most people do not understand when it comes to issues involving Wills or Administration of Estate.

Legally Speaking, That someone was named a Next of Kin NOK, to a Diseased/Dead Person, does not mean he gets to own or use the properties as he wishes. It simply means such a person is charged with the responsibility of administering the Deseased Estate in the interest of the beneficiaries, in this case the wife/wives/children. When the NOK fails to do this, these beneficiaries have a right to seek redress through the courts.

Note further that this man or anybody who is to act as next NOK, must obtain a Letter Of Administration LOA, from the court empowering him to so act. It is not enough that you are listed as NOK in some Bank Form or Employee Employmenr details.

Note also that all I have stated here is premised on the presumption that there is no WILL. Where there is a will, then the properties will be administered according to what is in the WILL. Are you sure your aunt's Husband did not will his properties to this man?.

By the way, you are yet to respond to my mail sent to you when you were R and
you toled me of busy academics. How is studies and have you changed the mail or something?
Hi,thanks alot sir.There was a will and unfortunately non of his kids appeared in the said will.It was a deliberate act which was planned between him and his mom to get back at my aunt and her kids,it's such a messy and pitiable situation.I will get back to you via mail sir though I hardly check my mail,sorry about that.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by juri: 4:14pm On Oct 12
Iyaebe:
Hi,thanks alot sir.There was a will and unfortunately non of his kids appeared in the said will.It was a deliberate act which was planned between him and his mom to get back at my aunt and her kids,it's such a messy and pitiable situation.I will get back to you via mail sir though I hardly check my mail,sorry about that.

If you are very sure there is a will, then like I said before, the property will be administered according to the provisions of the will. But there may be a loophole your aunt, your aunt's children,step wife and child may explore, and this is very important, was the Will Registered?.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 4:42pm On Oct 12
juri:


If you are very sure there is a will, then like I said before, the property will be administered according to the provisions of the will. But there may be a loophole your aunt, your aunt's children,step wife and child may explore, and this is very important, was the Will Registered?.
I'll ask my mom, I don't know about that.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Foodqueen(f): 5:08pm On Oct 12
The other son just wants to use your nieces.

Since they aren't interested, let them be.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 5:24pm On Oct 12
Foodqueen:
The other son just wants to use your nieces.

Since they aren't interested, let them be.
Exactly, he took the stress of tracing my mom down to her location for help
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Octopusssy(f): 3:15am On Oct 13
The man was learned so he knew what he was doing by cutting off his entire biological children from his will so this lone son should just let it be and move on with his life. His dad was quite an unpleasant person and I wonder why he wants the property of such a man. The will is legally binding.

If I were him, I and the step siblings should legally change their surnames so that every memory of the man will fall to dust, since he chose to be unfortunate. Scrub his name off the earth and cut off his lineage.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 6:17am On Oct 13
Octopusssy:
The man was learned so he knew what he was doing by cutting off his entire biological children from his will so this lone son should just let it be and move on with his life. His dad was quite an unpleasant person and I wonder why he wants the property of such a man. The will is legally binding.

If I were him, I and the step siblings should change legally change their surnames so that every memory of the man will fall to dust, since he chose to be unfortunate. Scrub his name off the earth and cut off his lineage.
Well you are right but it's very heartbreaking,I think the man was under some kind of influence.My aunt's kid are all doing fine and not interested in their late dad's wealth, just this boy that's hell bent on getting everything from that strange man

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Dtruthspeaker: 6:52am On Oct 13
Iyaebe:
It is quite a long story please read and advise.It is a case of a very toxic marriage between my late aunt and her late husband,the marriage was never approved by my late aunt's mother in-law and both she and her husband were of different religion(my aunt been a christian while her husband a muslim).They eventually went ahead with the marriage anyways and that was the beginning of her miserable life with her husband,the husband wanted to convert her to islam which she strongly object to till her untimely death.The husband who is very learned (A renowned professor) and well to do man was kind of a puppet to his mom and they both made her life miserable in ways you won't ever imagine. My aunt never had any of her four kids(all grown up now) in her husband's house as the man will chase her out each time she's due for delivery and will only allow her back after the intervention of his colleagues,the king other notable personalities. This was the condition that surrounded her during her child bearing years,needles to talk about the trauma she always go through during pregnancies and how her husband will always blame her for allowing herself to get pregnant.He does not eat her meals neither do they ever discuss about anything, they were like sworn enemies living together as husband and wife.He was only responsible for her children's school fees while she took care of every other thing you could think of concerning her and her children,you will never believe she's the wife of this man on seeing her and the kids never had any atom of good memories with their dad. Her husband had a son from another woman his mom married for him.My aunt continued staying married to this man despite all the advises given to her,she was strongly against divorce as a very strong Christian that she is(An S.U).That was how she lived her miserable life until her husband unfortunately died over a brief illness, after the burial her mother in-law called to ask her what she's still doing on earth and that won't she join her late husband, she also told her to get ready to join her husband soon and exactly two months after her husband's death, my aunt mysteriously fell and died on the Altar while praying in her church,exactly two moths after my aunt's mother in-law died too. The three of them(my aunt,her husband, her mother in-law) are all late.Things started unfolding after their deaths,this man was very rich and has properties everywhere of which my aunt and her children has no knowledge of,it didn't end there my aunt's husband used an elderly man whom he's not related to in any way as his next of kin.Now this strange man he used as his next of kin has refused to release this man's money and properties to his children, though my aunt's kids have refused to have anything to do with their father's wealth stating that their mom gave them everything they ever needed in life.Now remember I told you about a son he had with another woman, the said son is now fully back to reclaim all their father's wealth and possessions from this man but he has refused to let go of any,he has been dragged to the king,different group of organizations but all efforts to reclaim his father's wealth and possessions from this man proved abortive. This man(my late aunt's step son) came to meet my mom to help him talk to my aunt's children to get involved so they could claim back their dad's wealth and possessions from this man but they have strongly refused to be involved. Please what do you advise? What steps should he take to reclaim their dad's wealth and possessions from this man, remember he was unfortunately used as the next of kin.Thanks.

Nothing should be done.

Let the parties interested resolve their interests.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Dtruthspeaker: 6:57am On Oct 13
Iyaebe:
In this situation, he neither used his kids nor any of his relative as a next of kin.This man happened to be his next of kin to all he acquired while on earth, I don't know what he was thinking when he took such disastrous decision. The man he used as his next of kin is even older than him

You are not his thinking, it is his thinking and that is his right as an adult.

So he has carried out his thinking, therefore there is nothing you SHOULD do, if you are wise.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by juri: 9:52am On Oct 13
I am interested in the justice of the case.

As it stands, can we really rule out the possibility of undue influence at play on the part part of this man? The part of cutting out his children from the two women he married and not just the OP's aunt raises suspicion. So the man hated his two wives and all his children?.

Another issue to take into consideration is the content of the Will. Did anybody read the content of the will where the father actually willed his properties to this man or was he just the person that was in custody of the will. Was this Will ever read to anybody or assumptions were just being made as to its content.

Like I told the OP before, it is pertinent to ascertain if that will was even in the first place registered otherwise, the validity of the will may come into questioning. Try and get an answer to this very important question. It is going to be a crucial factor in helping this man (and other siblings if they decide to change their minds), reclaim his/their father's property if taking consideration of all the facts it becomes just and prudent to do so.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Iyaebe: 11:21am On Oct 13
juri:
I am interested in the justice of the case.

As it stands, can we really rule out the possibility of undue influence at play on the part part of this man? The part of cutting out his children from the two women he married and not just the OP's aunt raises suspicion. So the man hated his two wives and all his children?.

Another issue to take into consideration is the content of the Will. Did anybody read the content of the will where the father actually willed his properties to this man or was he just the person that was in custody of the will. Was this Will ever read to anybody or assumptions were just being made as to its content.

Like I told the OP before, it is pertinent to ascertain if that will was even in the first place registered otherwise, the validity of the will may come into questioning. Try and get an answer to this very important question. It is going to be a crucial factor in helping this man (and other siblings if they decide to change their minds), reclaim his/their father's property if taking consideration of all the facts it becomes just and prudent to do so.
I spoke with my mom yesterday about this issue and she said she can't do much since her late sister's children have shown no interest,so she's in support of whatever decision they take.I'm just sad that a man from nowhere is reaping heavily from where he didn't sow
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by HEAVEN4444: 3:56pm On Oct 13
shocked
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Sonnobax15(m): 3:56pm On Oct 13
lipsrsealed
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Nbotee(m): 3:57pm On Oct 13
Nj
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by PointZerom: 3:57pm On Oct 13
grin

Next of kin is just a contact base incase something happens to the original owner. It is not a guarantee to inherit the property. You can use anybody as your next of kin. If the man has no written WILL, the biological children should take over the property irrespective of who he used as next of kin.

YOUR LAWYER WILL EXPLAIN TO YOU BETTER.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by ATEAMS: 3:58pm On Oct 13
wink
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by paulolee(m): 3:58pm On Oct 13
next of kin wahala...person go hustle keep, aother person go elp am flex e sweat

1 Like

Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Fiscus105(m): 3:59pm On Oct 13
Think before you finally say yes I do, you say no.

Last last u blame institution of marriage.

A strong S.U lady married to Muslim yet not ready to convert, I'm very sure she also brainwashed their kids not to convert as well.

The children she didn't allow their father to train the way he liked when he was alive, she wants them to enjoy largeese when dad passed on.

Oga, tell the children to go and work hard to build their own empire, the owner of estate can WILL his/her property to whoever he/she wants irrespective if he/she has children or not.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Shoodboi: 3:59pm On Oct 13
...my aunt's husband used an elderly man whom he's not related to in any way as his next of kin...


It's unfortunate but you cannot do anything to the man holding the properties in this case. Your late aunt's husband used him as his next of kin, and that's it.

The only other thing to do is to go to court and challenge the man's ownership while insisting that you are entitled to your dad's part of the property.

I said part because I believe the man would claim part-ownership.

It's weird but tell the step-son to move on or at least fight passively since this is one legal case that will drag on for a long time.

Blame your dumb professor uncle.

4 Likes

Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by GreaterFuture(m): 3:59pm On Oct 13
Who can help me

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