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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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My late mother had separated from her husband and named me

Customer Question

My late mother had separated from her husband and named me to police and social services that I was her next of kin now my stepfather has taken all my mums belongings from her home which he never stayed in does he have the right to do this as when asked he wouldn't give me them back
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
The police were also informed no one was to get the house keys except for myself but my stepdad went to the police and took everything they took from the property
Customer: replied 1 year ago.
The police had been dealing with myself through the whole process of my late mothers disappearance and knew nothing about a husband etc they notified myself when my late mother died but stated that because they had been dealing with myself that's why they had come to my home to deliver the news. Anytime my mum had gone missing my stepfather wanted nothing to do with her and stated that to everyone who asked about her. Whenever the social workers phoned it was me they contacted and when I said about him they said he wanted nothing to do with it now he's taken it upon himself to be the doting husband when he never once dealt with anything with the social
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  JGM replied 1 year ago.

As they were separated he was not entitled to remove anything from the house. Had they been living together he may have had an entitlement and that would depend on whether your mother made a will before her death. If she had a will her estate is distributed according to the will. If she didn't the estate is distributed in accordance with the law of intestate succession and you should be applying to the sheriff court to have yourself appointed as executor. You can then have the legal right to demand the return of the estate, by court proceedings if necessary. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.