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cityguru
cityguru, Solicitor
Category: Family Law
Satisfied Customers: 13325
Experience:  30 yrs experience
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My ex husband died intestate. He had no partner and has only

Customer Question

My ex husband died intestate. He had no partner and has only one child who was 10 years old at the time. His brother 'sorted out his affairs'.
Submitted: 3 years ago.
Category: Family Law
Expert:  cityguru replied 3 years ago.
Hi what question do you have about this?
Customer: replied 3 years ago.
My daughter has not benefitted from his estate. I wrote to his brother at the time but he did not reply.
Expert:  cityguru replied 3 years ago.
If your daughter was the only child and for ex husband had not remarried then your daughter was entitled to the whole of his estate. When did this take place? Do you think he had any assets?
Customer: replied 3 years ago.

He died in 1999. He did not remarry. He had assets.


 

Expert:  cityguru replied 3 years ago.
That is very odd - why have you not taken any steps before? There are limitation periods of 6 or 12 years on most claims although if your daughter was a minor the period may not start to run until she achieved 18.

You need to start by finding out who took out probate and what was in his estate. There are public records and assuming you know when and where he died it ought to be possible to find out. Assuming that the probate records show any significant estate then you ought to get a solicitor to threaten to sue your former brother in law to account for the money.

Customer: replied 3 years ago.

There was no probate taken out or anything else. There is no record of his estate.


 


I wrote to his brother but he did not response. I was told as I was the ex wife and as such could not persue this at the time.

Expert:  cityguru replied 3 years ago.
Do you have any idea what assets he left? Because if he had any thing of substance it would have been impossible to transfer without probate .