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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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What are the rights and responsibilities of a divorced

Resolved Question:

What are the rights and responsibilities of a divorced parent re the interests of the children (minors) following the death of the ex-spouse. The mother (my daughter) has been receiving maintenance for the children, aged 16 and 15, following the divorce.
The executor of the estate is the sister of the deceased who lives in New Zealand. At present my daughter has not been told any details of the will, (there is one), but has been asked to clear the house of the the deceased within the next week.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When did the father die?

Customer: replied 1 year ago.
29 August 2016
Expert:  Clare replied 1 year ago.

Are you aware that the site charges more for a phone call?

Did he own the property he lived in?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
not certain if there was a mortgage
Expert:  Clare replied 1 year ago.

Ok - is there a solicitor dealing with the Estate at all?

Customer: replied 1 year ago.
Not certain. My daughter is not getting much info from the executor so far.
Expert:  Clare replied 1 year ago.

It is not your daughter's responsibility to Clear the house (unless she wishes to do so)

There is no way that the house can be sold yet - Probate will need to be obtained first.

If she is being asked to carry out what is in fact the responsibility of the Executor then it is only reasonable that she is shown the courtesy of being told the contents of the Will - and possibly asked what items. if any, the children would like to have.

I suggest that your daughter politely tells her former sister in law that whilst she is willing to assist, as mother of the deceased's children, she needs further information before she does so - including what is to happen to the assets and what provision has been made for the children.

Indeed she is entitled to ask what provision has been made for the children since if none has been then an application will need to be made to the court by way of a challenge to the Will.

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you