Are my children entitled to their father's possessions?
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Whether the nuclear option is a good idea is another matter, though, and going to war over this may not be the best course in the long run.
Bear in mind that the children are entitled to everything he owned, not just their toys (which they owned, anyway). However, he may have had debts. So, his assets should go first to pay any creditors, before the kids get anything.
His parents, as next of kin, are it seems acting as administrators of his estate. They won't have letters of administration yet, but it's entirely sensible that they should make a start. Emptying the home and storing the contents, to stop rent accumulating, seems entirely practical. I have no idea how you can tell whether they are doing that or simply pilfering his stuff.
If you really believe they are pilfering his stuff, you can involve the police.
The parents are not his next of kin his children are and as they are underage their Mother acts on their behalf. I had this situation when my Son died leaving two young children, his ex had more rights than me in regard to his funeral and his belongings.Slimming World at target0 -
The parents are not his next of kin his children are and as they are underage their Mother acts on their behalf. I had this situation when my Son died leaving two young children, his ex had more rights than me in regard to his funeral and his belongings.
I posted a link above, which clearly shows the parents are the ones entitled to administer the estate. I am not an expert in this field, so if you have contradictory evidence please post it.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Yorkshireman99 wrote: »Next of kin is a meaningless term in law. Regardsless of their relationship if they take on the duties of dealing with the estate they owe a clear duty to deal with the estate property in the correct manner.
What is the correct manner?No reliance should be placed on the above! Absolutely none, do you hear?0 -
They should be preserving the estate assets and checking to see if there any that might not be immediately apparent. In particular since children are involved they be particularly careful that heir interests are considered. Any decent executor would not allow the situation that has arisen to continue. Although the latter may not be a legal requirement it is an appalling way to behave. I repeat that if they destroy assets then that is criminal damage.What is the correct manner?0 -
Yorkshireman99 wrote: »They should be preserving the estate assets and checking to see if there any that might not be immediately apparent. In particular since children are involved they be particularly careful that heir interests are considered. Any decent executor would not allow the situation that has arisen to continue. Although the latter may not be a legal requirement it is an appalling way to behave. I repeat that if they destroy assets then that is criminal damage.
On the other hand, the administrators also have a duty to preserve value for the children by emptying the flat ASAP, to stop paying rent. It's the sort of thing executors do all the time, trying to sort the wheat from the chaff, so to speak. It's not normally criminal.
Of course, it would be heartless to throw out all the photos and toys without giving the kids a chance to choose some.
It's a shame the OP and the parents have such a bad relationship, but calling the police is not going to improve things.No reliance should be placed on the above! Absolutely none, do you hear?0 -
As I said very much the last option but it seems that relations have irretrievably broken down already and cant get worse.0
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I posted a link above, which clearly shows the parents are the ones entitled to administer the estate. I am not an expert in this field, so if you have contradictory evidence please post it.
the problem with some interpretations, even those on solicitors sites, is they are condensed and simplified versions of the law.
that link did not cover the case where minor children are highest priority(no spouse) other than to say it needed two administators.
The law on this is contained in the NCPR 1987, perhaps go have a read and come back with your findings...0 -
I posted a link above, which clearly shows the parents are the ones entitled to administer the estate. I am not an expert in this field, so if you have contradictory evidence please post it.
I am not sure what evidence you are asking for. I can only share my experience. Following my Sons death I was informed by the Coroners office that I was not his next of kin, his children were, as their guardian their mother would be acting for them, whilst there they telephoned my ex DIL to ask her for her permission for me to arrange his funeral. Thankfully she gave it but I wasn't allowed his ashes and had to give her the keys to his flat.
I was totally shocked by this so rang family Solicitor to confirm if this was right and was told yes..
The list you linked to is a very simple guide but does show that children come before parents as next of kin.Slimming World at target0 -
Angelcakes879 wrote: »I am after some advice. My children's father died suddenly a few weeks ago at a young age, unfortunately he did not have a will. We had 3 children together ages 12, 7 and 6.
We were renting a housing association house in which it was under my name, 3 years ago we split up and i signed the tenancy over to him and bought my own house. The children stayed there on weekends so had quite a few belongings of theirs, toys etc in their bedrooms.
Unfortunately I didn't have a key to his house, and since his death his parents have practically moved in to the house and will not let me into the house to collect the children's belongings. Obviously this is very upsetting for my children and me as alot of our family photos are in the attic. I have tried contacting them regarding going to pick up the children's belongings and have had no reply.
What I want to know is who do his possessions legally get left to?
My ex was not close to his parents, i have been told that they have already removed furniture etc from the house. Who can i contact with regards to getting my childrens belongings? I have tried the housing association and unfortunately they do not have a key. Any advice would be greatful:beer:
OP I have shared my experience in previous post. The best advice I can give you is to contact a solicitor, lots give a free half hour. This is too important to your kids to rely on, well meaning I`m sure, but incorrect info.Slimming World at target0
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