Next of kin

poppy18_2

My mum has just died and I am the executor of her will. She stayed in a care home and the home are telling me that they will only deal with the next of kin even though they have a copy of my mums will. My solicitor has also telephoned them to confirm that they should now deal with me. My brother is claiming next of kin and we do not get on and I mean do not get on. I believe my brother is trying to get anything left by my mother where what she wanted was any money she has was equally shared, and there is not much, but I feel I talked her in to making a will and now I can't seem to do as she wished. What I would like to know is what can I do if the care home dig their heels in and give all my mums possesions to my brother. Who can I speak to to make sure they carry out my mum's instructions? I live in Scotland and any advice given would need to be Scots Law. Thankyou

Mojisola

I'm sorry for your loss. This certainly isn't making things easier for you.

As executor, you now have control over all your Mum's possessions. If your brother takes things belonging to your Mum and does not hand them over to you, as the executor, he could be charged with theft.

McKneff

What mojisola said.

And I too am sorry you have lost your mum, sad days ahead.

Annie

missile

The care home have no right to hold onto her possessions or give them to next of kin. What right have they to ignore her will?

Your solicitor should be giving the care home a hard time. Sounds like your solicitor is a waste of space, I would speak to another.

Is this a private or local authority home?

poppy18_2

missile wrote: »

The care home have no right to hold onto her possessions or give them to next of kin. What right have they to ignore her will?

Your solicitor should be giving the care home a hard time. Sounds like your solicitor is a waste of space, I would speak to another.

Is this a private or local authority home?

It is a local authority home

poppy18_2

It is a local authority home.