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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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Please can you help me.My mum is married but seperated from

Customer Question

Please can you help me.My mum is married but seperated from my stepfather and was rehoused on her own due to non support,lack of care or seeking medical help for my mother when needed.Neglect.He handed over all responsibility of my mum to me after she was diagnosed with cancer.I got social care involved in Oct 2014.My mum signed an assignation letter with her local housing authority giving up all her rights to the marital home and signing her half of the tenancy over to him.My mum had to use all of her own savings to decorate and furnish her new home as she left her husband with everything.She was only 3 weeks in her new home and was rushed into hospital.After getting the allclear from kidney cancer in Feb,she was diagnosed with a pancoast lung tumour which meant palliative care/end of life care only.Whilst in hospital,my stepfather was told my mum did not want him coming to see her as he caused her distress.She was also put under Adult Protection as she was now not of sound mind to make decisions for herself by this point March 2015.I dealt with all my mums affairs but it was too late to apply for power of attorney.A letter is filed with Aberdeen City Council signed by my mum giving me her permission to act on her behalf.This was back in Oct 2014.My mum spent 10 weeks in hospital then 2 weeks ago,she was moved into a nursing home where I stayed with her day and night until she passed away yesterday.I am so upset to find out that her husband turned up at her sheltered flat last week trying to gain entry to my mums flat to get all of her belongings out of it.He told the warden he had spoken to his lawyer.My mum had not passed away at that time.Then I found out someone called the warden impersonating a niece to enquire about the contents of my mums flat around that time.She spoke in a Newcastle accent.I have since found out it was my brother and wife who had came up to stay at my stepfathers house.They exploited my mum out of 3000 pounds a few months ago.Agreed to pay her back at 100 pounds a month and never did.Not for the first time either.Its disgusting!.My brother turned up at my mums nursing home 2 nights ago [the night before she died] demanding half of my mums belongings,shouting and swearing at me standing next to my mum lying on her deathbed.The staff told him to leave.Police were called.He was banned from returning.When my mum was with her husband,his money was his.Her money was hers.They lived for 20 years in a bought flat.He sold that in 2009.My mum saw not one penny of that money.I have recently discovered she was not even on the deeds like he had led her to believe.His mother was.He called me today and said he has arranged a van for Thursday.He wants me to meet him at my mums flat so that I can give him entry to empty it.He asked me also for all receipts of items that my mum purchased with her own money after they seperated.I was told my mum would pass away in a couple of days by doctors 3 weeks ago.I went at that time to the funeral directors and arranged my mums funeral and paid for it in full.He did not offer to contribute a penny.I also registered my mums death today and got the death certificate.I am totally heartbroken the way he and my brother and wife have conducted themselves with no care or thought for my mum whatsoever.Just what they can get.I would rather my mums things went to charity than go to him.He is very cold and calculating.Can I do anything?.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am sorry for your loss and for this horrible situation you find yourself in?
Did your mother leave a will?
Customer: replied 2 years ago.
No.She did not leave a will.I found out because of this fact,in Scots law,they were still legally married,therefore,entitled to everything.My mums funeral has not taken place yet.Its on Monday 15 th June.This Thursday just passed,I had to let my mums estranged husband and 2 removal men into my mums flat.He told them to clear it all.I was heartbroken to think my mum had been married to someone so vile.He even had the audacity to ask for a ring back my mum is wearing,in her coffin right now.My poor mum!.That she mean't so little to him.My husband and I paid for my mums funeral costs and for the tea afterwards.He announced he is going to the funeral but no offer of paying us back for my mums funeral expenses.He has no sense of decency whatsoever.I'm grieving for my mum of whom I sat by her bedside for the last 3 months day and night until she passed only five days ago.Thankyou for trying to find me an answer to my problem.But itd too late now.Hes taken everything.She left the marital home leaving him with everything.Had to use her own savings to build up a new hime and he just waltzes in because they were still married in the eyes of Scots law and steals everything.Its all wrong!.Thanks anyway.Mandy.
Expert:  JGM replied 2 years ago.
I'm sorry. You already know the law on this. If no will he inherits everything I'm afraid.