Person with PR in prison. Trying to apply for probate.

27heaven

Very awkward position. 

My daughter had 2 children with a very controlling man. 

They ended their relationship 6 years ago. They were never married. 

After their breakup, he was sentenced to a very hefty prison sentence but still has parental responsibility for the children. 

My daughter lost her life due to his psychological manipulation, so now he is the only living parent with PR. 

I have applied for Letters of administration as I am my daughter’s next of kin and have always helped with her finances. 

By law, as her ex has PR of the children… even from prison, he has the legal right to deal with her estate. He obviously hasn’t applied and won’t be doing so. 

I have  been told, that for my application to be granted, I need to ask him, and he has to sign away his rights to apply. 

As you can imagine, he is the last person on this earth I would be asking, for anything!

My question is, can I have a legal document drawn up that states, if he doesn’t or hasn’t applied to deal with my daughters estate after a certain length of time, then I have the right to do so as her NOK?
This has now been going on for almost two years. 

Brie

Not a lawyer at all but it seems to me that if you had PR instead of him that these things might be easier to deal with.  Surely no judge/magistrate/whatever would willingly rubber stamp his PR if there was a law abiding grandparent wanting to take care of the children instead.  

27heaven

If only it were that easy! I have been through court trying to get custody. 

Unbelievably, the courts never take away PR from a father unless in extreme circumstances. 

I have paid thousands in court costs fighting this, but may have just thrown my money down the toilet. The justice system is very broken when it comes to family matters. 

I just don’t know which way to turn!?!
There has been no contact between myself and him for many years. I can’t believe he still has a legal right from prison, but here we are! 🤷‍♀️

Keep_pedalling

Who has told you this? I don’t think it is the case that you need his permission to administer her estate. Once administered you then have the issue of getting the children’s inheritance in trust and trustees which might be a little trickier. 

27heaven

No, you misunderstood slightly. 

They won’t grant me the right to deal with her estate because in the rules of intestate. 

As there are children involved, those with PR have to apply or give up their right so that I can apply. 

I would have to ask him to give up his right. He would either say no, or I would have to hand all her affairs to him to deal with. 

1: my daughter would NEVER want me to hand over her affairs to him. 

2: he would never sign anything which would help us in any way. We are talking about complete narcissist here. 

elsien

I don’t think there are any time limits for someone to apply for letters of administration so I’m not sure on what legal basis your letter would stand.
If not dealing with the estate is having a negative impact on it then there might be the possibility to having him removed but then it’s the extra cost and stress of doing that.

What does your daughter’s estate involve?

silvercar

How can he exert his PR from prison, surely the courts would appoint another person? Who are the children living with now? 

If the children are late teens you could always wait until they are old enough themselves.

27heaven

elsien said:

I don’t think there are any time limits for someone to apply for letters of administration so I’m not sure on what legal basis your letter would stand.
If not dealing with the estate is having a negative impact on it then there might be the possibility to having him removed but then it’s the extra cost and stress of doing that.

What does your daughter’s estate involve?

A life insurance and savings. 

She left debts which will need to be settled but the majority will go to her girls. 

27heaven

silvercar said:

How can he exert his PR from prison, surely the courts would appoint another person? Who are the children living with now? 

If the children are late teens you could always wait until they are old enough themselves.

That’s my point too!  The family courts need an update for situations like this. He shouldn’t have PR from prison but he does and there’s nothing I can do about it….I've tried!
He married his new partner in prison so the girls could live with her under his Parental responsibility. It’s so wrong and messed up!
The children are both under 10 so it wouldn’t be in their best interest to wait until they can sort it themselves. 

born_again

27heaven said:

If only it were that easy! I have been through court trying to get custody. 

Unbelievably, the courts never take away PR from a father unless in extreme circumstances. 

I have paid thousands in court costs fighting this, but may have just thrown my money down the toilet. The justice system is very broken when it comes to family matters. 

I just don’t know which way to turn!?!
There has been no contact between myself and him for many years. I can’t believe he still has a legal right from prison, but here we are! 🤷‍♀️

While I get your position on this & fully understand why.
Is this person aware of your daughters death? (sorry for this) If they are could you go & see them & see if they will sign their rights over to you?
Even if they are not again. The best way to resolve would be to speak to them on the matter, as hard as it is going to be.

27heaven

born_again said:

27heaven said:

If only it were that easy! I have been through court trying to get custody. 

Unbelievably, the courts never take away PR from a father unless in extreme circumstances. 

I have paid thousands in court costs fighting this, but may have just thrown my money down the toilet. The justice system is very broken when it comes to family matters. 

I just don’t know which way to turn!?!
There has been no contact between myself and him for many years. I can’t believe he still has a legal right from prison, but here we are! 🤷‍♀️

While I get your position on this & fully understand why.
Is this person aware of your daughters death? (sorry for this) If they are could you go & see them & see if they will sign their rights over to you?
Even if they are not again. The best way to resolve would be to speak to them on the matter, as hard as it is going to be.

He certainly knows about her death, he caused it. 

There is no way in gods earth, I would ask that man for anything. I wouldn’t give him the pleasure of turning me away. 

There is no way on gods earth I would turn my daughter’s finances over to him either. I could never do that to her, knowing what he put her through. 

I think I just need to see a solicitor, and if this cannot be resolved without his input, then it will have to wait another ten years for the girls to sort themselves!
I was hoping some sort of precedent had been set for this type of situation.