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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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my mother died without leaving a will what happens when her

Customer Question

my mother died without leaving a will what happens when her husband died without awill
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I will be able to help you with your question. First I need a bit more information:

-is your mother's husband still alive?
- how old is he, and how is his health?

.
Customer: replied 3 years ago.

my mother husband is still alive he is87 years old he has got alzimmers

Expert:  familylawexpert replied 3 years ago.

Does he stil retain sufficient mental capacity to sign a legal document (ie Lasting Power of Attorney)?

What is the approximate value of his house (if there is one) and any mortgage?

If you know, what is the approximate value of the rest of his estate?

.
Customer: replied 3 years ago.

no he cannot sign legal documents the house is value at 300000

Expert:  familylawexpert replied 3 years ago.

I assume that he has not remarried (but I have to ask).

Does he have children (and have any of his children predeceased him, leaving children of their own)?

Customer: replied 3 years ago.


no he ha\s not remarried yes he has 2 children his children are alive

Customer: replied 3 years ago.


when my stepfather dies do I have a claim

Expert:  familylawexpert replied 3 years ago.

Sorry, just a few more questions.

Are you currently being supported by your stepfather?

How old are you, and how old are his children?


.
Customer: replied 3 years ago.


I am 73 his children are 36 32

Expert:  familylawexpert replied 3 years ago.

And are you being supported (financially) by your stepfather?
Customer: replied 3 years ago.


no

Expert:  familylawexpert replied 3 years ago.

In the event of your stepfather dying intestate, his estate will be divided equally between his two children. You do not have a valid claim.

I'm sorry not to be the bearer of better news, but I would rather be honest than give you false hope.

I hope it is helpful to know anyway. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Expert:  familylawexpert replied 3 years ago.
Hello.

I apologise for messaging you again. If I don't hear from you, it will be the last time I disturb you.

I just wanted to ask once more if you would be kind enough to rate my answer (OK or above) as, if you don't, the website company simply retain the deposit and we (the experts) remain unpaid.

Thank you very much,
Mac.