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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19450
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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When my father became ill myself and my brother were sent away

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When my father became ill myself and my brother were sent away and not allowed to visit. I was 11 years old and had no control over this. My father was soon after put into a nursing home and I was not told by his family when he died and was not allowed to attend his funeral. When I eventually discovered my father had died my mother approached his family and asked if there was anything left of my fathers for myself and my brother for sentimental reasons, my aunt ( my fathers next of kin) said that it had all gone. Did she have any legal responsibility to pass his belongings to his children. I know he had life insurance but his next of kin denies this and I have no way of tracing it.
Submitted: 8 months ago.
Category: UK Law
Expert:  Stuart J replied 8 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you know if your father had a will please?
Customer: replied 8 months ago.


No, my father died intestate. Thankyou for your help.

Expert:  Stuart J replied 8 months ago.

How long ago did he die?

Was he still married to your mother at the time or were they never married ?

Can we have the full background detail please including relationships and timescales? Thank you

Customer: replied 8 months ago.


My mum and dad had already divorced before he became ill. They had been divorced a number of years. My brother and I were allowed to visit until I was 11, he died when I was 14 years old. He died in 1989. He was cared for by his nan, brother and sister in law, they were very hostile and didn't want my fathers children in anyway involved. I think this may have something to do with his life insurance.

Expert:  Stuart J replied 8 months ago.




your father's effects and assets and savings etc should have
been distributed under the terms of intestacy which are here.

http://www.graysons.co.uk/wills-intestacy.html



you will see that if there is no spouse (your parents
were divorced) and your father had not been married, then all his assets go in
equal shares to his children which you will see in the grey boxes, the fourth
one down in the top table.



So your aunt to presumably dealt with your father's
affairs should have distributed things equally between his children.



However this was 24 years ago and you are actually out
of time now to contest anything except if you can allege fraud. However the
police will not be the least bit interested unless you have some concrete proof
where can prove that your aunt spirited money away to your disadvantage. The
police will not carry this investigation out for you after all this time and
you are faced with going to them with the proof that they need.



I imagine that this is probably not the answer you
wanted but there is no point in me misleading you. I have a duty to advise you
truthfully and honestly, even if that answer is unfavourable.



Does that answer the question? Can I assist further or answer
any specific queries?





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PS. I use voice type, voice recognition typing because I only
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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19450
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 6 other UK Law Specialists are ready to help you
Customer: replied 8 months ago.

Thankyou, I just needed to know she was wrong and that I could have disputed her actions. I am very grateful.

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