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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 wife has died and her children have applied for probate

Resolved Question:

My wife has died and her children have applied for probate as I have been ill they say they have seen the will and they say I am entitled to nothing as the house is in her name
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How long have you lived together?
Clare
Customer: replied 2 years ago.

Since 1985

Customer: replied 2 years ago.

Hi Clare,

We had been married since July 1985,

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and what other assets are there?
clare
Customer: replied 2 years ago.
The house is worth £90.000 and there is a bank account but can't get access to it
Expert:  Clare replied 2 years ago.
Hi
How much is there in the bank account?
Clare
Customer: replied 2 years ago.

Sorry Clare

Cant get that information as its an account that has never been really activated as it was what she recieved from my pension,

Expert:  Clare replied 2 years ago.
Hi
Did she actually have any other assets at all?
Clare
Customer: replied 2 years ago.
Not that I know of Clare
Expert:  Clare replied 2 years ago.
Hi
Has probate been granted and why was the house in her sole name?
Clare
Customer: replied 2 years ago.
The son has applied but as far as I know it hasn't been granted yet. The house was bought with money left to her by her family. But I have paid all bills
Expert:  Clare replied 2 years ago.
Hi
Please do not worry - you have a clear claim on the property.
If the Will makes no provision for you to remain in the property so long as you wish to do so - with no strings attached, then you can apply to the court for a Order under the Inheritance - Provision for Family and Dependants Act.
At the very least you will have the right to live there and ownership of half the property.
You can read more here
http://www.pcm-law.net/briefguideinheritance.html
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you

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