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Refusal to hand dads personal items over

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My dad died last year, He still lived in the same house as my Mom since there divorce in 1974. They lived separate lives. I got the probate so that i could sort things out. At 1st my mom was ok so we gave her 16,000 out of the money that he had left, now she has had this she wont let us have any of his personal items or his ashes from her house. She has already seen a solicitor and they told her she could not do this also we are aware now she has been collecting money that was owed to dad. I am not sure what to do now.
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Comments

  • wwl
    wwl Posts: 316 Forumite
    If she is not an executor, collecting money owed to the estate is probably fraud & a criminal matter.
  • Savvy_Sue
    Savvy_Sue Posts: 47,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did dad leave a will? If he did, who were the executors? Did he write it before or after the divorce?
    Signature removed for peace of mind
  • Dad didn't leave a will, but he had made it clear what he want done. I am the excutor on the probate, but so far we have dealt with things as a family
  • Savvy_Sue
    Savvy_Sue Posts: 47,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd say you now need legal advice. A letter from a solicitor to your mother stating what she must and must not do in relation to your dad's estate may be enough to settle things. If not, while you're getting the legal advice, you can ask what remedies you have to prevent your mother's involvement.

    What money was owed to your Dad?
    Signature removed for peace of mind
  • It was some money that some one owed him, it was just over 1000 pound.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If you have prove the debt exists and under the terms of the debt you are able to collect(not all are reapyable on demand/death) as executor you can still collect the debt.

    If the person has already paid your mother then that is their problem to get it back.
  • LannieDuck
    LannieDuck Posts: 2,359 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    Were they still married? If there was no will, is it possible she might inherit everything including personal items...?
    Mortgage when started: £330,995

    “Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.”
    Arthur C. Clarke
  • HB58
    HB58 Posts: 1,787 Forumite
    LannieDuck wrote: »
    Were they still married? If there was no will, is it possible she might inherit everything including personal items...?

    OP says they divorced in 1974.
  • LannieDuck
    LannieDuck Posts: 2,359 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    HB58 wrote: »
    OP says they divorced in 1974.

    :doh:

    .
    Mortgage when started: £330,995

    “Two possibilities exist: either we are alone in the Universe or we are not. Both are equally terrifying.”
    Arthur C. Clarke
  • HB58
    HB58 Posts: 1,787 Forumite
    LOL LD, it's easily done :)
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