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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son who is 19 has been living with my expartner for 15 years

Resolved Question:

My son who is 19 has been living with my expartner for 15 years and he since passed away on the 03/03/14 now the exwife and two daughters wants him out and wants to sell the house
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did your ex leave a Will?
Clare
Customer: replied 3 years ago.

Dear Clare,


 


We don't know if he did write as the death was unsuspected. He used to say was going to write one but wanted to leave the house to my son Shepard since they were staying together since he was 4years old with 30 years of no contact with exwife and three children after they divorced.


 


Now the children and exwife want to come this Sunday and clear the house before selling it.

Expert:  Clare replied 3 years ago.
HI
The simple fact is that they have no right to do so
As a starting point your son needs to search the property to see if there is any evidence of a Will
If there is no Will then he and his half siblings will be able to apply for Letters of Administration in Order to deal with the estate which will then be divided equally between the four of them
Until letters of Administration are obtained NO ONE has the right to dispose of anything
In addition your son may have an extra claim against the estate as he was dependent on his father for housing.
Your son is entitled to refuse entry to the ex- wife and to call the police if she forces her way inm
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi clare,


 


Thank you very much about the information, the other thing is the half siblings are saying 50% belongs to their mum and they have taken the car keys, the car was already given to my son before his step-father passed away but not driving it yet as he is still having driving lessons. They also took heirloom watch which was given to my son and wanted to take a saxophone and clarinet and my son stopped them saying they belong to him. Been to the police who contacted them and they said they were also taking legal advice and will definitely come on sunday to remove things.


 

Expert:  Clare replied 3 years ago.
Hi
Is the deceased the young mans father or step father?
Who actually owned the house?
Clare
Customer: replied 3 years ago.

Hi


The deceased owned the house and was the stepfather to my son.

Expert:  Clare replied 3 years ago.
Hi
In that case my apologies - I had assumed that the deceased was your son's father
I am sorry but in that case unless there is a Will then he has no automatic claim at all and his only option is to make a claim against the estate.
The man's children are the only ones who are entitled to deal with the Estate I am afraid
He needs to check the Will position and make a claim of necessary
Clare
Customer: replied 3 years ago.

Hi


That said we came across an old Will written in pencil in June 1988 Stating that the three eldest children were not to receive anything in exepetion of the then young daughter. Also letters that states justice did not prevail through the Divorce hearing and that the ex wife is not to receive anything indirectly through the then young daughter


 


How does he make the claim? Really appreciate your advice

Expert:  Clare replied 3 years ago.
Hi
Was that Will signed and witnessed?
Clare
Customer: replied 3 years ago.

Hi


It was only signed by deceased only that bit and he had written other things but not signed then in the end it was written to be revised when deceased was back from his work abroad but then scribbled over the revised bit.

Expert:  Clare replied 3 years ago.
Hi
Then I am afraid it is not valid
Clare
Customer: replied 3 years ago.

Hi


What would be your professional advice on this matter: My son has been been living with my ex partner since I moved out (December 2005) as their relationship was father and son since he was 4 years in 1999 up to day he was decesead.


 


Had no contact with either ex wife and children for (30 years) until on his death bed and have already taken some of the decesead heirlooms and other stuff meant for my son.


 


My son, I and decesead sister concerned about funeral arrangements as we do not know what is happening.

Expert:  Clare replied 3 years ago.
Hi
i am afraid that if he did not make a Will then there is no basis on which you can arrange the funeral
Your son can make a claim against the estate for his housing needs - and should seek face to face legal advice as soon as possible
Clare
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