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Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise - Family (3) - Nairaland

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Who Should Be A Man's Next Of Kin Between His Mum And His Wife? / The Meaning Of "Next Of Kin" / What The Law Says About Next-of-kin In Nigeria (2) (3) (4)

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by pappilo(m): 4:18pm On Oct 13, 2021
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.

Well if there was a will and the wife and children are not listed as beneficiaries then that is E.O.D. The strange man you talk about was listed as the sole beneficiary and that is that.... It does seem strange that a man will leave all his worldly possessions to a total stranger so if the interested son has the financial means he can challenge the will in court to see if his dad was of sane mind when he wrote the will or if the will is genuine.

Forget all these traditional king and spiritual rubbish.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by derolemode(m): 4:18pm On Oct 13, 2021
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...

I disagree with you.
Next of kin is someone that can be contacted in a case of emergency and has nothing to do with inheritance.

Iyaebe I'll advice you seek legal counsel and forget what everyone except the Lawyers on here will tell you.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by okpalaAnambra: 4:19pm On Oct 13, 2021
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...
I thought a post on FP here days back said next of kin meant nothing in terms 9f inheritance, that is only useful for emergency undecided
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by AutoChick4U(f): 4:20pm On Oct 13, 2021
The things our emotions make us go through! Love is simply not enough when it comes to marriage, you need the blessing of both families and peace of mind.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Newboss(m): 4:21pm On Oct 13, 2021
All those children should change their surnames to their mother's as soon as possible.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by barag(f): 4:21pm On Oct 13, 2021
femi4:
lolz, you can't win the case even if you take it to heaven. You can only persuade the man to release some of the properties. Using force will not work cos as a next of Kin, he's the sole ownership of everything
This position is not true being next of kin does not confer automatic ownership on him

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by eldoradoxx: 4:21pm On Oct 13, 2021
A Next of Kin does not mean right of inheritance in any way. A next of kin is simply a person appointed by a person while alive whom all issues relating to him may be contacted for information. It is as simple as that. That you were made next of kin does not translate that the man has given you a kobo of his property. A person can be a next of kin without inheriting a dime from the estate of a dead person while others who were not inherit. The man here is a usurper that needs to be shown the way out of the estate for the legitimate children to inherit what is theirs. Just contact a lawyer and he knows exactly what to do.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by jmoore(m): 4:22pm On Oct 13, 2021
next of kin doesn't mean the person is to inherit the property.

She should get a lawyer.

If she is not interested in the property, she should do it for the kids. How can one fold her hands and watch a stranger take over the property?
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Elsueno: 4:22pm On Oct 13, 2021
unless a will stated that the properties belong to the NOK, then his properties automatically should be shared between his children. Dats how aboki do it in d north as far as I know.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by AutoChick4U(f): 4:22pm On Oct 13, 2021
How wicked can one be towards their own blood? I understand how heartless some people can be now though so I can relate
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by grandstar(m): 4:22pm On Oct 13, 2021
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...

From what I learnt, next of kin does not come with inheritance rights.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by hansomb: 4:24pm On Oct 13, 2021
If you stay in the Northern part or Some states in the West you can argue your case through the Islamic law (Sharia law) since the man is a Muslim, the blood ; son or daughter is always entitled to large share of their parents property provided he's not a bastard, then followed by other relatives in decending order, will or next of kin is just western formalities. My dad did the same (consult modern learned Islamic scholars) and recovered some of his great grandfathers property.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by TheWolfen(m): 4:25pm On Oct 13, 2021
Nawa
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Nobody: 4:26pm On Oct 13, 2021
As long as they are his biological children, they can still win the case. But the other children can are not interested in the properties so the other son from the concubine is on his own in this fight.

Their father was a foolish Mallam.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by damosade(m): 4:27pm On Oct 13, 2021
Go and get inEstate administration letter from high Court.. next of kin holds no water.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by marsup: 4:27pm On Oct 13, 2021
The children already said, they don't want to have anything to do with....... What is now your business? You want to fight a battle that isn't yours? My regards to your aunt's children. . .... They have wisdom. As for the other son, let him fight his own battle.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by jaxxy(m): 4:29pm On Oct 13, 2021
A next of kin is not necessarily the owner of the property especially when the original owner had a family and children. It can definitely be contested.

Next of kin will be a custodian not one to inherit. Next of kin cud be put if the original children to inherit are not of age or reachable.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by rickyboss333: 4:30pm On Oct 13, 2021
As educated as the professor was, I am very certain that he was in his right senses when he used a stranger as his next of kin, even after given birth to children after all these years. From d stories u told about him, it is clear that dis said man is more to what d eye can see. D only persons that r indirectly wise r ur aunty's kids 4 having saved themselves d energy, expenses, sleepless nites, strategies, headaches, worries n if care not taken high blood pressure, and of course useful time that would have been spent on trying to get those properties bk cos as far as d law is concerned, am sorry to say but they had no father.

1 Like

Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Housing(m): 4:31pm On Oct 13, 2021
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...

You are just misleading the OP next of kin has nothing to do with inheritance. Where there is no will or a man die apostate, the children of the man are the only rightful heir ones there is no surviving wife. The children should approach Court /probate to appoint an administrator. They should nominate themselves or people that can serve their interest.

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Nobody: 4:31pm On Oct 13, 2021
Iyaebe:
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.



Well well well

Look what we have here

On my own part, seeing what d mom did I will believe that the man did it deliberately....

So if am the children, I think they need to leave the whole property and hustle for themselves.....

I won't suggest fighting or killing etc,let them just leave it, na their destiny not to inherit anything from the man,but they can work and be successful themselves without his properties... let them take it as if their father was poor.... at least them all go school and were educated, let them apply sense and move on......

1 Like

Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by kennes10: 4:36pm On Oct 13, 2021
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 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.
In the absence of a will,the man's late wife,his children, his siblings and other relations will inherit the property in that order according to the English law. I advice you take him to court

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by GOCEO: 4:36pm On Oct 13, 2021
All I smell is lies to cause religious rancour between Muslims and Christians, diz Op shud better take his time oooh
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by 123readygo: 4:37pm On Oct 13, 2021
Consult a lawyer please. You can email me for assistance.
Next of kin does not mean he's entitled to those properties... He still needs legal backing
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by bikkybaby(f): 4:40pm On Oct 13, 2021
Being used as next of kin does not mean inheritance o, he is like a trustee to the estate

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Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by airsaylongcome: 4:41pm On Oct 13, 2021
Favfables:


Please enlighten me

Enlighten you?! You made a very authoritative statement bruh
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by nedekid: 4:44pm On Oct 13, 2021
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 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??
Oga, that is not true.
Next of kin had nothing to do with inheritance. Next of kin is just who is contacted when there is an issue.
Having a friend as next of kin does not in anyway negate the rights of the legally married wife and children to their inheritance.
All the late aunties children have to do is file necessary documents at the probate registry. If they are not interested then when their step brother files, they indicate they wish to forfeit their claims.
Which the probate documents approved, the young man can approach the bankers to get all reliant information concerning the diseases accounts in all banks through his bvn.
All property owned by the disease will as stated in the probate documents will be claimed easily and anywhere they have been tampered with recovered. Because you cannot buy property from the wrong person.
A lawyer can advice better.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by geraldd04(m): 4:45pm On Oct 13, 2021
The children should go and get the services of a lawyer. I don't know whether by "next of kin" you mean he bequeathed his estate to the so-called man, this can only be done through a "Will"or any other legal instrument.

Your explanation, if i am correct, shows that he died intestate (no Will). When someone dies without a Will, his children or hiers through their lawyers can apply to the court for a letter of administration....

They should see a lawyer for proper guidance and direction on the steps to be taken.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by Angelfrost(m): 4:46pm On Oct 13, 2021
Well, I believe in the absence of a proper will to properly dispose of the properties, a competent court of jurisdiction ought to step in....

The judge should properly split the properties among proven heirs and relatives according to relationship to the deceased.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by nedekid: 4:46pm On Oct 13, 2021
Housing:


You are just misleading the OP next of kin has nothing to do with inheritance. Where there is no will or a man die apostate, the children of the man are the only rightful heir ones there is no surviving wife. The children should approach Court /probate to appoint an administrator. They should nominate themselves or people that can serve their interest.
Well said.
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by GorillaApp(m): 4:46pm On Oct 13, 2021
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?
Very well stated. I guess this most be a learned fellow
Re: Next Of Kin Issues: A stranger Has Taken Over His Dad's properties Please Advise by pek(m): 4:47pm On Oct 13, 2021
Don't cry more than the bereaved. You have no business in this case. The children of the late mam have no interest in pursuing the case. Let them be.

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