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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34585
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good afternoon, my husband died on 16/2/2014 my stepson refused

Resolved Question:

Good afternoon, my husband died on 16/2/2014 my stepson refused to let me see him ( as have not had contact with husband for 8 months) but still legal married, My stepson said there is a will, but will not let me see it, is doing everything his self, even told funeral director not to give out information on funeral. Have since found out that he has drawn money from husbands account and wrote cheque forging my husband's signature, what can I do?bank is looking in to this anything I can do in mean time,(letters of administration??
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you spoken with the Funeral Director?
Calre
Customer: replied 3 years ago.

Rang them they said they could not give any information out, my son and my sister rang them still same reply

Expert:  Clare replied 3 years ago.
Hi
I suggest that you visit them and show them your marriage certificate and point out that you are the Widow
Ask them if they have seen any evidence that your step son is the executor of the Will?
If they say no then point out that they are well aware of the law and that legally YOU are the only one entitled to make the funeral arrangements
At the same time write an official letter to your stepson confirming that unless he provides evidence as to the identity of the Executors of the Will you will assume that your husband in fact died intestate and you will assume responsibility for the funeral arrangements
I hope that this is of assistance
Clare
Customer: replied 3 years ago.

It is to late, the funeral is Tuesday 4 /2/14 even the priest will not speak to me, said he is aware of situation, whatever that means, am I allowed to enter my husband's flat, to see what my stepson has taken, and do I just leave the bank business to them?? My poor husband would not like this upset,

Expert:  Clare replied 3 years ago.
Hi
It is not too late IF you wish take action.
In fact you could obtain an Order stopping the funeral tomorrow IF you thought that this was an action you wished to take (and I suspect that this is something you would hate - I just have to mention it)
You certainly have the right to obtain a copy of the Death Certificate from the registrar and send it to the Bank
Clare
Customer: replied 3 years ago.

Have already done that,taken copy of death certificate to bank, as stepson has drawn out a lot of money from account which is now frozen, what I asked was can I enter my husband's flat? And I Will get an official letter tomorrow, How long does it take to obtain one.?I am disgusted with funeral place and priest, .but I don't know what has been said.

Expert:  Clare replied 3 years ago.
Hi
You can obtain an Order tomorrow preventing the Funeral from taking place if you act swiftly
I would suggest that you warn both the priest and the funeral directors today that you intend to make the application unless you receive evidence that there is a Valid will appointing an Executor
If you threaten this however you will have to follow through tomorrow - and make the application.
When you contact them make it clear that you are being forced to do this as your step son will not properly communicate with you
http://www.stephensons.co.uk/site/individuals/contesting_wills_probate/burial_disputes/
Clare
Customer: replied 3 years ago.

I will stop the funeral, as people have taken time off work. Can I enter my husband's flat? Also will get an order to see this so called Will. Do I get this order from a solicitor?

Expert:  Clare replied 3 years ago.
Hi
No I am afraid that unless the property is held in joint names you have no right to enter the property
You can certainly ask a solicitor to correspond with your step son and seek evidence that he has been named as Executor
Clare
Customer: replied 3 years ago.

If stepson is not executor,is he allowed to enter premises? Thank you for your help.

Expert:  Clare replied 3 years ago.
Hi
Only if the Executor gives permission
If there is no Will then you can enter as you are entitled to apply to Administer the estate
Clare
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