General Chat

Kath
The childrens solicitor can get the death certificate
and a copy of the Coroners report.

the children are next of kin not parents they have no legal rights to any of his belongings.

you need to advise them to seek a solicitor asap

Mick from the Bush,
Thank you once again for your great advice.

As I've said, my daughter is not on income support, she works. Do you think the girls would be able to get legal aid?

Kath

Lorraine,
Thank you for your reply.
We have just come to realise this morning after the CAB & advice from the kind members on here that it seems the girls are definately his next of kin, not his parents. If you knew his parents you would know how difficult this whole situation is and I feel it is going to get a whole lot worse!!!

Thanks again for your advice.

Kath

Kath
Stop wasting valuable time talking on here!
Get round to that solicitors office NOW!!

xxxx mick

Hi again Mick,
Unfortunately it's not my decision to make. If it was, I would certainly be doing just that!!!!
All I can do is give her your advice and support her & the girls while she deals with it.
My daughter is very quiet and doesn't like to upset anyone or anything, she hates aggro so she's always just sat back & taken what him & his parents have dished out to her emotionally & also physically from D himself.
I just pray that the girls don't get too upset by it all, they did love their dad & miss him although they hadn't seen him for a couple of years ( his choice)

Thanks again, much appreciated
Kath

Kath,
This is the relevent part of the Intestacy Rules:

"Unmarried person with children
Estate goes to children at 18 or earlier marriage.
If a child predeceases, leaving issue, his issue take per stirpes."

His parents have NO rights to alter and could be sued for any loss suffered by the girls, who are entitled to equal shares of EVERYTHING that D left, money and possessions, at the date of his death, which must be put in trust for them.

Non-monetary possessions, such as the car, can be sold and converted into cash with the trustees consent.

I always think it's best to tell children the truth even if you have to dress it up a little to soften the blow.

As far as 'he killed himself' is concerned it could be just how you look at things and not necessarily suicide.

A 12 year old needs help from an adult in this and I can quite understand your daughter not wanting to have to deal with the parents but as a Grandparent you can,

I agree with Mick you need to start now..the phone or a visit but please make it today.

Brian in Essex GC,
Thank you very much for this information.
I am just going to print all this off & hand it to my daughter. It's obvious now that it must be done asap.

Thanks again
Kath

I'm sure all the advice is well meaning and well intentioned, but all we have here is one side of the story....which is why the only thing to do is to see a solicitor at once.

All the law quotes in the world are useless unless both sides of the story are known.....interpretation of the law has to be done in conjunction with ALL of the facts of the matter.

So the only course of action that is available is to use a solicitor, unfortunately.

Devon Dweller,
Well it seems from the information D's parents gave my next door neighbour that he had text them & told them he was going to 'do away with himself ', about half an hour before he did whatever he did. But as you say it could be just how you look at things.
I am going to suggest to my daughter that she uses the words "took his own life", rather than "suicide" or "killed himself."
I won't deal with his parents as once when D hit my daughter, she phoned me, I went to her and D's father came over also. Instead of chastising his son for his violence, he told her that she must have asked for it. He then set about me telling me I was schitzophrenic & not capable of being a sensible mother & grandmother and if he had anything to do with it he would make sure I never got to look after my granddaughters. Ever since that day I have never spoken to him or acknowledged him and my daughter actually hates him. No I definately won't be dealing with them. I am not a wicked evil person and I do honestly feel sorry for them for the loss of their son but I feel they are very very wrong on this point.

Thanks again and sorry for going on & on, I'm just a bit het up today.

Kath

Thanks to everyone for their advice & support this morning, it means a lot to me.
I am going to have to go and lie down for a while, I feel really anxious & upset. Will check later incase of any further replies.
Regards
Kath

I think youve had all the best advise anyone un-involed can give you,and belive although in retrospect its not yours alone problem to sort out,you can only pass on whats been said,,let the right people deal with it,and have the law on the side of your grandaughters,ASP.

Kath

Contact a solicitor as soon as possible! Solicitors are people too - they don't bite, and won't be shocked or think you or your daughter are in some way at fault.

The daughters are the next of kin and their grandparents should not be doing what they are doing. As others have said you should be able to get a first interview for free, on a contentious probate case like this.

We can all have a good stab at this and we all seem to be saying basically the same thing, but these girls need proper advice and the sooner the better.

You have mentioned the jewellery and the car - both should ultimately go to the girls.

All the best

S

Amokavid,
I'm sorry for the delay in replying.

We are in England Joan and with me being Scottish, I know that Scottish law can be very different.
Thank you very much for your concern, much appreciated.

Kath

Sheila,
I have spoken to my daughter earlier and she has decided to go to a solicitor on Thursday when it is her day off. She now has an appointment. She is going on her own initially and see what they have to say about the girls rights.
In the meantime she is going to carefully tell the girls what has happened to their dad and ask them what THEY want to do.

I will keep you all posted at a later date when I know something more. Thank you all for your concern & support, I've got a feeling we'll need your support once again when the parents find out as there will be a terrible backlash, of that I am sure.

Thanks
Kath

I'm so sorry for this terrible situation.Can I please say make sure your daughter has made a will.Not to leave a will causes so much distress.My best friend died suddenly after OH went off with other woman.I wont go into all the details but it is so important to have a will.It saves a bucket full of mess for those left behind.
I hope your grandchildren get what they deserve.
Helen

Hi Helen,
Thank you for your reply,
I told my daughter that only this morning funnily enough. If D had made a will, none of this would be happening, I'm sure he would have left most things to his daughters as no matter what he was like I know he did really love the girls & they loved him.

Thank you once again for your advice Helen.

Kath