Legal advice on parents rights?

Question

sadly one of my friends has just passed away. he was only 20 years old and living with his girlfriend. after his death his girlfriend has refused to give his mother any of his possessions. legally does his mother have any right to his clothes etc? his mother was his next of kin.

Answer 1

Seeking legal advice from a bunch of Yahoo's isn't the best course to take.  That being said, it is a matter for probate.  Unfortunately, the girlfriend has possession.  It is too easy for her to say, "Clothing?  what clothing?  He had none."  It would be best for the mother to try to make peace with the girlfriend and come to a mutual agreement.  Bad blood between the grieving is not a good way to continue, nor is it much of a memorial for those we lose.

Sorry for your loss, and I hope this gets worked out without involving the courts.

Answer 2

This is the law in England.

All of his personal possessions belong to his next of kin.  If he had lived with his girlfriend for a long time, she might have a claim, but that wouldn't apply to a 20 year old.

Obviously this is a difficult time for both girlfriend and mother.  It is not a time to squabble over legal rights. They need to talk to each other.

Answer 3

If  you are in the UK his partner [if they resided together] is NOK and his mother would not have any rights to his possessions.

Answer 4

His estate, such as it was, should return to his family. But is it worth going to court, or spending money on a lawyer for that.

Answer 5

of course...since shes only a girlfren hes parents have been there with him thru thick n thin, they definitely cant be deprived by dat fact

Answer 6

The girlfriend is grieving also.

How about instead of getting into a fight over his clothing -- she asks the girlfriend to meet her for coffee.  

When the girl friend is there - let her know that you sympathize with her loss too. You both loved him very much (you want to validate the grief she is feeling-and it is real).  Instead of asking for all of his old clothing etc -- how about extending an offer to help her go through his belongings and disposing of them -- when the girlfriend is ready.

Tell the girlfriend that it would mean a lot to you if she could give you his (item) and what that item means to you in sentimental/significant value.

Work with the girlfriend through this grief process. Getting into a legal fight over his old socks/shoes/underpants is not going to serve anyone any good.

I am sorry for your loss.

Answer 7

In the US NOK is only recognized if you are legally married. I am sure that your friend would not want the two most important women in his life to fight over material items.

Answer 8

Morally, yes.  I assume he dies intestate as few 20-year-olds have wills.

Unfortunately, in the case of personal possessions, I'm afraid that the law of tradition will probably apply here and that is:  Possession is 9/10ths of the law.

Unless he had some very valuable possessions, it wouldn't be worth going to court over.  Otherwise, MSAD has your best answer.