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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 Sister recently died leaving 2 children. She was divorced

Resolved Question:

My Sister recently died leaving 2 children. She was divorced 5 years ago and the consent order stated her ex paid a joint insurance policy on the house. He has not done so. Is there any form of legal address. He has been appointed joint executor and is a benficiary of the estate. The house sale proceeds were left to the daughters.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat type of Policy was he meant to pay - and what is he due to receive from the estate?
Customer: replied 1 year ago.
It was a life insurance policy against the mortgage in joint names. He retained 10% of the house value upon sale of the property and has been left £30K as part of a pension pay-out to take care of the girls and do any work on the houe prior to it's sale. He can keep the balence. The house will not be sold untill the youngest child starts uni in september.
Expert:  Clare replied 1 year ago.
That was generous of your sister - and I should have said - I am sorry for your loss.Are you also an Executor?
Customer: replied 1 year ago.
My wife is an executor, i was made "back up" and have been doing the paperchase to support her. I am not a benficiary as the house business is all for the girls, just looking out for their interest as he may re-marry and what is due to them will be diluted should there be any redress to have.
Expert:  Clare replied 1 year ago.
OkHow much is outstanding on the mortgage?
Customer: replied 1 year ago.
Hi Clare,
Just to clarify, the deceased is my sister in law, my wifes sister.
The outstanding mortgage is around £100K on a £450K house. 90% of the house sale goes to the girls, but given that he was ordered (in the consent order) to pay the joint life insurance and did'nt, could he be liable for the shortfall given it was a court order.
Expert:  Clare replied 1 year ago.
The answer is yes he could be - provided the Executors can prove that it would have actually been possible to take out insurance at that time given the health of your sister in law.Please ask if you need further detailsClare
Customer: replied 1 year ago.
Given that it was a policy, mentioned specifically, by number, in the court documents, and that the renewel was due months before any diagnosis was made. Does this add weight to the argumment? my thoughts are sorting a compromise e.g. he forgo his 10% claim in lieu of his actions £35K?
Expert:  Clare replied 1 year ago.
That could certainly be an argument - although the fact that your sister in law did not enforce the Order will be a potential problem
Customer: replied 1 year ago.
OK, I 'm pretty sure she did'nt know untill it was too late. She also would not have wanted any distress in her last months as she had terminal cancer. I will suggest the policy, or lack of it, is put on record with the executors and they can decide, the fact that he is an executor, as the girls father, may make it a difficult situation. £100K is a lot of money, but I'm not sure a family rift is worth it. Thanks for your help definately given some perspective. Adam.
Expert:  Clare replied 1 year ago.
Hi AdamThat is a very good approach to take - I hope all goes wellClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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