Letters of Administration granted - rights re: retrieval of property 18 January at 1:22PM edited 18 January at 1:25PM in Deaths, funerals & probate 5 replies 255 views

MissBojangles

Situation:
- Unmarried woman has died intestate, leaving children under the age of 18
- All children have the same father, who was not in a relationship with mother at the time of her death
- Mother had sole tenancy of a rented property and father was banned from coming near property
- Father assumed responsibility for the children upon her death
- Father moved into mother's rented property to take care of children (and it is assumed managed to transfer tenancy into his name)
- Mother's assets (jewellery, possessions, legal documents) were all in her house and he has refused anyone access
- He has sold some of the items
- Letters of administration now granted to mother of deceased who wishes to retrieve her daughter's remaining belongings and keep them safe for her grandchildren

Has anyone come across a similar situation at all?  Wondering what rights the grandmother now has to retrieve the remaining belongings?

Brie

I'd be less concerned about the belongings than why it's automatically assumed the father is the best person to look after the children.  People don't get banned from a property for no reason.  

But if the assets are the children's or the grandmother's then the police could be contacted to accuse the father of theft.  If the landlord/landlady is known perhaps they could confirm what has happened with the tenancy - if it hasn't been transferred to the father the police may want to remove him.   The children are under 18 but are they old enough to choose where they live and who they allow in the house?  If they are home when the father is out/at work/wherever then they could let the grandmother in.  If they are very young and the father is out then that's a case for social services perhaps?

p00hsticks

MissBojangles said:

Has anyone come across a similar situation at all?  

My initial though was, yes, there was a similar situation described on these boards a while back
https://forums.moneysavingexpert.com/discussion/6395610/daughter-died-intestate-and-ex-boyfriend-has-all-her-possessions/p1
 But I've now realised it's the OP's previous post on the same subject.....

MissBojangles

Brie said:

I'd be less concerned about the belongings than why it's automatically assumed the father is the best person to look after the children.  People don't get banned from a property for no reason.  

But if the assets are the children's or the grandmother's then the police could be contacted to accuse the father of theft.  If the landlord/landlady is known perhaps they could confirm what has happened with the tenancy - if it hasn't been transferred to the father the police may want to remove him.   The children are under 18 but are they old enough to choose where they live and who they allow in the house?  If they are home when the father is out/at work/wherever then they could let the grandmother in.  If they are very young and the father is out then that's a case for social services perhaps?

Thanks Brie - there is a lot of concern but social services don't seem to be taking it very seriously.  The ban was from him going to the property and was to protect the deceased.  The children weren't deemed to be at risk from him at the time.

The children are all under 10.  Removing him from the house could also traumatise the children and potentially render them homeless.  Although grandmother would have them in a flash and has always co-parented them, father has had full control for a year and brainwashed them/removed contact with most people from their past.  

He will argue the assets belong to the children and therefore should stay in situ.

MissBojangles

p00hsticks said:

MissBojangles said:

Has anyone come across a similar situation at all?  

My initial though was, yes, there was a similar situation described on these boards a while back
https://forums.moneysavingexpert.com/discussion/6395610/daughter-died-intestate-and-ex-boyfriend-has-all-her-possessions/p1
 But I've now realised it's the OP's previous post on the same subject.....

Yes - but it closed off with us assuming he would be granted letters of administration.  We have now won that particular battle (granted today).  Should I delete this thread and continue in that one?

Marcon

MissBojangles said:

Brie said:

I'd be less concerned about the belongings than why it's automatically assumed the father is the best person to look after the children.  People don't get banned from a property for no reason.  

But if the assets are the children's or the grandmother's then the police could be contacted to accuse the father of theft.  If the landlord/landlady is known perhaps they could confirm what has happened with the tenancy - if it hasn't been transferred to the father the police may want to remove him.   The children are under 18 but are they old enough to choose where they live and who they allow in the house?  If they are home when the father is out/at work/wherever then they could let the grandmother in.  If they are very young and the father is out then that's a case for social services perhaps?

Thanks Brie - there is a lot of concern but social services don't seem to be taking it very seriously.  The ban was from him going to the property and was to protect the deceased.  The children weren't deemed to be at risk from him at the time.

The children are all under 10.  Removing him from the house could also traumatise the children and potentially render them homeless.  Although grandmother would have them in a flash and has always co-parented them, father has had full control for a year and brainwashed them/removed contact with most people from their past.  

He will argue the assets belong to the children and therefore should stay in situ.

He could be right. The level of family animosity being described isn't going to help the children, so possibly their needs to be put well ahead of everyone else's, however difficult that must be.