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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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Under scots law can you answer, my dad died on Monday last

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Under scots law can you answer, my dad died on Monday last week leaving 3 sons , he lived for the last few years with my brother and his wife, they say he did not leave anything but I know he had several insurances. My other brother and I were not told by them that he had died. Other family told us .The last time I saw my father he cried and said they were taking all his money , we had an argument with the brother regarding this and have not spoken since. what is the other two brothers standing in this
Do you know if there was a power of attorney and/or a will? Was your father able to manage his own affairs? When did you last see him prior to his death? Can you explain your situation a little more?
Customer: replied 2 years ago.

The son who he lived with was executor.There is no property. The husbands wife told us we could not see the Malcolm(the deceased) and we tried to go see him and telephone (both sons and grandchildren) but she would not let us see him. She also would not put him on the phone so it is since Christmas 4 years ago when the old man was crying, that we last see him. She texted everyone who was going to the funeral to 'under no circumstances tell the two brothers that thier dad was dead. but of course we were contacted by people who know what they are like. The Brother is not bad, just weak. this is down to his wife. Isabel. I know Malcolm had insurances and it is a matter of principal that they don't get to keep everything, I think that was their intention in trying to prevent us finding out about his death. Malcolm was of sound mind the last time we saw him but kept saying he had to be humble and not make trouble as Isabel would put him out.

You have to see a solicitor immediately. You and your brother are entitled to one sixth each of your father's estate even if he has a will which excludes the two of you so you are entitled to know what your father left. Clearly your brother and his wife have behaved very badly and it is your solicitor's job to make them account to you for the estate.
If they have told you that there is no will you may also want to apply, immediately, to the court to be appointed as your father's executor. This will give you the power to investigate the estate. Generally the first child to make the application is the person that the court will appoint.
I hope this helps.
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