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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my husband died yesterday, I have not been in contact with

Customer Question

my husband died yesterday, I have not been in contact with him for 7months, he named his son (my step-son) next of kin at the hospital, he would not let me see my husband, he reputed me. could you please advice my legal rights, as was not legally separated.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Sorry to hear about this.

As you were not legally separated or divorced, you have every right to see your husband's body and your step son should not have denied this right to you, unless your late husband left a Will saying so.

You are still his next of kin for all intents and purposes.

Hope this helps
Customer: replied 3 years ago.

does that mean that my step son has no rights to touch any of my husbands belongs, bank, funeral etc, and what can I do about this, as he will not speak to me

Expert:  UKSolicitorJA replied 3 years ago.
It all depends on whether your late husband left behind a Will and what it says.

I am afraid if your step son doesn't co-operate, you may call the police to prevent any breach of the peace occurring, although involving the police is probably the last thing you want at this sad time.

See here for more information on what happens if your husband left a Will or did not leave a Will: https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

All the best


UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
Hi
The situation is simple.
If your husband left a Will then it is the Executor who controls what happens next in terms of the assets and the funeral and indeed who can or cannot view the body I am afraid
If your husband did not leave a Will then it is you as his Widow who is entitled to do that - ahead of his son.
You should ask to see a copy of the Will should your step son claim that he is entitled to do these things
Clare
Customer: replied 3 years ago.

Thank you, still trying to contact step son, I believe there is a will but do not know what it states.

Expert:  Clare replied 3 years ago.
Hi
If there is a Will then it is the Executor named in the Will then that person is the one who has the power to do these things
Clare