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Letters of Administration granted - rights re: retrieval of property
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MissBojangles
Posts: 32 Forumite

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?
- 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?
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Comments
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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?I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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MissBojangles said:Has anyone come across a similar situation at all?
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.....0 -
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?
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.0 -
p00hsticks said:MissBojangles said:Has anyone come across a similar situation at all?
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.....0 -
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?
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.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0
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