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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Hi, I am recently divorced with 2 children 10 and 13. Their

Resolved Question:

Hi, I am recently divorced with 2 children 10 and 13. Their mother unfortunately died a week ago and no one knows who the estate goes to? We assume the children but as they are minors we are unsure of how this works? Would this be trustees and as the father would I be a trustee or the main recipient on behalf of the children? We are unsure if their is a will and the estate will only be savings from a house sale. Where would we find out if their is a will?

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.
I am sorry for your troubles.
Did she use a solicitor for the divorce?
Clare
Customer: replied 3 years ago.

Hi Clare, The divorce was a clean financial settlement through solicitors

Expert:  Clare replied 3 years ago.
Hi
Then the starting point to try and find a Will is to approach her solicitor and see if she made a Will there.
If not you can go through her paperwork and see if any bill turns up.
If there is no Will then her Children will indeed inherit the estate to be held in Trust until they attain the age of 18.
You can obtain Letters of administration to deal with the estate on behalf of the Children - but the funds will have to be invested for them
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks clare. Would i be able to invest the estate in having a loft conversion for them to have their own rooms as we are in a 2 bed house and my daughter is currently using the living room as a bedroom and my son is sharing with my partners son? I cant afford to move?

Thanks

Expert:  Clare replied 3 years ago.
Hi
There will have to be at least two trustees and you will both need to agree - and you have to understand that that would give the children a claim on your property
Clare
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