How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

My father has rec. tlypassed away. He divorced my mother 30

Resolved Question:

My father has rec. tlypassed away. He divorced my mother 30 years ago she had the marital home until she died in 2008. Me and my brother inherited t.he proceeds from the sale (she bought a flat later).
My father married again quite quickly to a lady who had no children. We havent seen a will yet what do you think we should do? Katherine mccaffery
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am sorry to sorry to hear of your loss. Is your Father's wife still alive?

I look forward to hearing from you

Kind Regards

AL

Customer: replied 3 years ago.

For Aston lawyer yes my father's wife is still alive.

Expert:  Aston Lawyer replied 3 years ago.

Hi Katherine,

Thanks for your reply.

You do really need to speak to your Father's wife to establish if he made a Will or not. Unfortunately, there is no central record of Wills and word of mouth is therefore required to establish if a Will is in existence or not.

A Will is a private document, which can only be viewed by the beneficiaries, until such time as Probate has been issued (Probate is normally required where an Estate is valued at over £5-10,000). Once Probate has been issued the general public can apply to Leeds Probate Registry for a copy, for a nominal fee.

If there is no Will, then your Father's wife is classed as next of kin, and his Estate is distributed in accordance with the intestacy Rules (meaning she would eceive the first £250,000 and all of his possessions).

I hope this assists but please let me know if you require any further information.

Kind Regards

AL

Customer: replied 3 years ago.

For Aston lawyer being my father's children does that entitle us to anything maybe not mentioned in the will?

Expert:  Aston Lawyer replied 3 years ago.

Hi Katherine,

If your Father made a Will, then only those persons named in the Will are entitled to benefit.

If he did not make a Will, as surviving children, you would only be entitled to anything if his Estate were valued at over £250,000. Under the Intestacy Rules, the Estate is distributed as follows-

first £250,000 and personal possessions to his wife.

The remainder of the estate will be shared as follows:
the wife gets a life interest in half of the remainder

the other half is then divided equally between the surviving children.

I hope this helps.

Kind Regards

AL

Aston Lawyer and 2 other Law Specialists are ready to help you