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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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I am not sure whether my family needs to instruct a solicitor.

Resolved Question:

Hi, I am not sure whether my family needs to instruct a solicitor. My brother has just passed away (age 53) and this was his situation: He and his wife had 2 children together and were joint owners of their property. Four years ago his wife filed for divorce and ordered him to leave the property. His only option was to return to his parental home, where he had been living up until the date of his death. Throughout this period we (both his elderly parents, my sister and I) were aware that he had ongoing alcohol dependency along with depression and mounting debts to the point where he was unable to work and contribute anything towards his children but he refused to allow any of us to help or seek help for him. He had, however told us several times that his ex wife had a very elaborate spending habit and that he just couldn't keep up with her (he had been a very successful salesman most of his working life). He did not contribute towards our parents' household bills but instead became their carer, although he had only just applied for carers allowance a few weeks before his death and his application was granted. Sadly he suffered a cerebral haemorrhage on the 29th may 2015 and was admitted to our local intensive care unit where we had to watch him deteriorate until he sadly passed away on 10th June. My parents are devastated and are both too old and frail to deal with anything so I am trying to do it all for them, but have discovered he had huge debts and County Court Orders over his marital home, as well as a Sharing Order on his private pension. His ex wife, who is understandably very bitter as communication between my brother and his sons had broken down 2 years ago, has made very strong accusations against him and has asked me to consider the orders on the sharing orders placed on his private pensions along with the debts placed on their marital home in my brothers name. My understanding is that my brother retained a 40% share of the marital home which apparently he had recently agreed to sign over to his sons but didn't sign the paperwork and his ex has also mentioned the debt over the marital home in my brothers name. I am very keen to see his sons are taken care of but feel a little out of my depth when I am dealing with a plainly obvious ex with an axe to grind. My parents have both suffered 4 types of cancer between them in the past 6 years and although they have no debts they are certainly not wealthy and most of their savings will go on my brothers funeral. Also my brother had not made a Will so he dies intestate. I have been collating his debts for last 3 hours and presently have a total of approximately 30k. Any advice would be just the pick me up I need to get through this traumatic time.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I am sorry for your loss.
I will do my best to help you
I am afraid that if there is no Will then your brother's entire estate passes to his children - and on that basis you should leave the issue of the debts and the pension to them or (if they are under 18) their mother to deal with
If there are any assets then the funeral expenses are the first call on the monies.
Please ask if you need further details
Clare
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