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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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My dearly loved partner of two and a half years died on the

Resolved Question:

My dearly loved partner of two and a half years died on the 25th April this year. Her daughter Kerrie was angry that I had been left a cottage in her will. There has been a great deal of harassment since. She threw me out of my home. Once Kerrie had possession of her mothers mobile iPhone she unfriended me from her mums Facebook page. She then also removed all my partners messages to me from the facebook messenger. Their removal has robbed me of special messages that would have been be a comfort to me after my loss, Is there anything I can do to regain these special memories. Is there anyway I can report this activity to Facebook.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

If Kerrie is appointed as Executor of your late partner’s will, she is classed as the Personal Representative of the Deceased and she able to deal with your late partners assets as though she is your late partner. That would include removing any messages which were in the Deceased account.

Legally, there is nothing you can do sorry to have to tell you. You can report it to Facebook but in all honesty I think they are unlikely to do anything for the reasons I stated above.

I’m so sorry that I could not give you a more favourable answer.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 1 year ago.
Hi Again
Kerrie is NOT one of the two executors as she and her mother had a very troubled relationship. The majority of the farm house and buildings have been left in trust to the grandchildren (2 each from the daughter Kerrie and son Luke). The fact the Kerrie threw Val out of her mother's home 3 days after Sue's death strikes me as illegal and one executor - a solicitor with whom Val and I met the day after Val had been evicted - asked Val to remain to manage all the rented dwellings - several on the farm and two in a nearby village. By that time Val was too freaked out to consider staying. In my opinion, Kerrie had no right to do that or to take anything from the farm but no one seems to have stopped her. She and her brother have been taking items including the mother's*****vehicle, a motor home, a smart car and various other items - most itemised by one of the remaining tenants! Val is really upset that Kerrie has gone through her mother's phone and I pad and removed her from Sue's messages etc. Surely this is all against the law until probate has been granted? Can the controllers of Facebook do anything about this sort of activity?
Expert:  F E Smith replied 1 year ago.

If that’s the case, then she has no right at all interfere or deal with Facebook or any other computerised media. It’s a criminal offence under the Computer Misuse Act and that would be worth referring to Facebook as well as the police. Don’t expect the police to do much about it however because they only deal in all honesty with high-level computer misuse but nonetheless, he has committed a criminal offence.

The same applies to things taken out of the farm, it would be for the executors to take Kerrie to task over that and report the matter to the police.

Facebook can do something about this sort of activity whether they will or not comes down to their own internal policies and politics. With regard to the complaint to the police and Facebook, those really need to come from one of the executors because you are not a party involved in the offence because the messages were not removed from your account, you are just one who is suffering collateral damage.. However if the executor will not make the complaint, by all means make your own.

Customer: replied 1 year ago.
That's great thanks but how do we get in contact with the operators of Facebook?
Expert:  F E Smith replied 1 year ago.

Evidently there is no direct contact with Facebook. Like many websites, they hide behind anonymity.

Evidently there is a page somewhere where you can report things. Obviously, that’s not a legal question, it’s an Internet usage one.

There must be a physical address somewhere otherwise people (in the united states particularly) would not be able to issue legal proceedings against them. The only way I could find out will be to do the same as you would do which is finding it on Google.

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