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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Before i married my husband he mad a will that stated on the

Customer Question

Before i married my husband he mad a will that stated on the forth comming marraige to me his house was to be divided to me and his grown up children who dont live with us and
came to see us once a year. I am able to live in the property for upto a year after he died, He passed away in Dec 2012 as it was only me and him and i didnt work full time as he was registard disabled and recieved a high attendance allowence as i help him with day to day needs and care . I am finding it very hard as one would after the loss of such a dear husband but also the thought of having to get a morgage to buy the 2 childre out maybe if i can afford to is very scary are ther any right i have to stay in the home we have for longer?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How long were you married?
Customer: replied 3 years ago.

For five years

Expert:  Clare replied 3 years ago.
Hi
How much is the property now worth and how is it meant to be divided?
Claire
Customer: replied 3 years ago.

its to be divided 3 ways and is worth about £120,000

Expert:  Clare replied 3 years ago.
Hi
Are there any other assets?
Claire
Customer: replied 3 years ago.

no only his things but they are our things

Customer: replied 3 years ago.

no only his things such as shaver, kindle, mobility scooter, clothes, nothing of great value.

Expert:  Clare replied 3 years ago.
Hi
Who is the executor of the Will?
Claire
Customer: replied 3 years ago.

myself and his daughter who lives in america

Expert:  Clare replied 3 years ago.
Hi
Do you have any assets in your own right?
Claire
Customer: replied 3 years ago.

what would assets be claire

Customer: replied 3 years ago.

I dont Know what u mean by assets sorry

Customer: replied 3 years ago.

I havent got much of my own as my husband didnt want me to work full time as he was not a very well man and was 29 years older than me and a retired teacher. i looked after him and he looked after me .

Customer: replied 3 years ago.

I have a car

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay.
I was trying to find out how you could rehouse yourself if the house was sold - but from what you say I assume that in fact you could not - is that correct?
Claire
Customer: replied 3 years ago.

yes thats correct

Expert:  Clare replied 3 years ago.
Hi
Then you may well be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 - and it is likely that you will be able to stay in the property as long as you wish.
However you must seek face to face advice from a probate specialist as soon as possible
Claire
Customer: replied 3 years ago.

How much would it cost to do this roughly and would i need to do this straight away,

Expert:  Clare replied 3 years ago.
Hi
You would need to make a claim within six months of the grant of probate - details here
http://www.pcm-law.net/briefguideinheritance.html
It is impossible to estimate costs as much depends on how swiftly a resolution can be negotiated
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your help Claire you have given me hope , Thankyou Sharon

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire

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