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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband died of cancer on Wed 6th Jan, just 135 days

Customer Question

My ex husband died of cancer on Wed 6th Jan, just 135 days after diagnosis. When he went into a Sue Ryder respite home he put his sister down as 'next of kin'. Until ten throughout his illness and hospital stays he had put my name down. Our daughter is 12 years old and is his only child. His famiy are saying that I have absolutely no rights whatsoever since we were divorced and are excluding me from all decisons and refuse to answer my questions. They have been disposing of his belongings despite knowing that our daughter wanted some things. This is not a big estate, it is probably insolvent but there are certain things she would have liked. My ex husband and I remained close, he ate here at least twice a week with our daughter and my new partner. He renovated a house for us between May and when he was diagnosed in August. I organised a 'family reconciliation' between his mother and other sister here at my house when he was diagnosed. Do I have any rights as his daughter's mother given that she is his next of kin although a 'minor'?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am so sorry to hear of your loss.
I note that the estate is unlikely to be of a large value but that your daughter would have liked sentimental items.
Please may I ask:
- when were you divorced?
- did he leave a will?
- who is dealing with the estate?
Kind regards
Caroline
Customer: replied 1 year ago.
Hello CarolineI hope you can help me. I have not been able to find someone who can answer my questions about all this. Our decree absolute is dated 2 March 2012. We have not found a will, he was in denial abut how ill he was. He had said to me in the past that it was all sorted out and that Fiona (our daughter aged 12) was his beneficary and his brother was the executor but no one has yet found a will. If one has been found his family are not telling me.His sister Judy has decided that she is 'next of kin' on the basis that Fiona is just 12, Rob's mum is too old and ill to deal with it and so she is taking charge. Judy has disposed of all his things, closed down his bedsit, registered the death and arranged a funeral, barely consulting me at all. We took a few things from his bedsit but Fiona felt too intimidated by her aunties throwing all this things into black bin bags to ask for the things she wanted. I asked Judy for a copy of the death certificate when she was registering his death as I am sure at some point either I or Fiona will need to prove that my daughter's father had died. Judy refused to get me one when she registered the death.I have always dealt with all of Rob's paperwork (my ex husband). My current partner, John has become Rob's closest friend. John was the first person Rob told when he was diagnosed with cancer. The sister, Judy, has no idea what our lives were like, she hasn't been involved for years, hence the reconciliation a few weeks ago when he was clearly so very ill.Judy doesn't really 'do' paperwork. She has just viewed this as a clean up operation.There is a debt of £51,200 (almost) against Rob for a house that was repossessed when the company he worked for closed down. The house was sold at way below its value. I was not part of that mortgage.There is a Final Salary Defined Benefits pension plan from that prevous employer. I discovered the other day that I am still the beneficiary of that pension, he never changed it even after our divorce so his claim that he has left everything to Fiona (our daughter) and that his brother is the executor leads me to think he didn't have a will at all.Is the pension outside his estate? Do I have to give this sister details of the private paperwork between me and Rob? Does she have the right to demand paperwork from me?
I am afraid that in all this mess she will cash in the pension and use it to pay off the debt agains the house. Rob was always under the impression that the pension would not come into his estate.I hope you can help me with this. I am scared that this sister will ruin Fiona's future becasue she refuses to talk to me or discuss any of these things. I really need to know where I stand before I try to contact her again.thank youStephanie
Customer: replied 1 year ago.
did my answer go through? last time it said someone was dealing with my query, this time everything is blank. Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My apologies for my delay in responding.
Some of your further questions go beyond my expertise in this area - so I'm going to opt out so when of my colleagues can assist you.
Kind Regards
Caroline
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I shall do my best to help you.Your daughter is the only one entitled to deal with her father's estate - and legally you as her parent are entitled to deal with EVERYTHING on her behalfincluding arranging the funeral and all other matters.His sister can only do this on behalf of your daughter IF you agree to thatI hope that this is of assistance - please ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare,Is there some phrase or section of law that I can quote her to prove that I have a right as Fiona's parent. She is still saying that she is next of kin and I have no rights and that they all disappeared 'as if I was dead' at the point of decree absolute.She has arranged the funeral and has agreed to pay for it with the funeral directors but that is still not a reason to treat Fiona in this way.Do you know what the position is about the Final Salary Defined Benefits pension? Will that be outside of his estate? If Rob didn't change my name as the beneficiary after our divorce will that nomination still stand and will I be able to put the money into Fiona's name for when she is older and needs university fees or a house deposit.?Do you know how payment for this site works? I paid £56 to get started and get in contact with you. Do I need to pay another £56 straight away for ongoing advice or does that get deferred to the end of the month. I think we are going to need quite a bit of help.Stephanie.
Customer: replied 12 months ago.
I missed the rating bit, sorry, did my other message about this come through?
Customer: replied 12 months ago.
Hello Clare, I'm not doing very well on this site. There seem to be a lot of bits to click to get through. I have already paid by Paypal.
I don't know if the rest of my question came through to you. I need to know the section of law that gives me the right as his family are still saying I have no rights. I also need to know what I can do about the pension and whether it is outside of his estate. I am copying the main part of my initial question below. Thank you.Is there some phrase or section of law that I can quote her to prove that I have a right as Fiona's parent. She is still saying that she is next of kin and I have no rights and that they all disappeared 'as if I was dead' at the point of decree absolute.She has arranged the funeral and has agreed to pay for it with the funeral directors but that is still not a reason to treat Fiona in this way.Do you know what the position is about the Final Salary Defined Benefits pension? Will that be outside of his estate? If Rob didn't change my name as the beneficiary after our divorce will that nomination still stand and will I be able to put the money into Fiona's name for when she is older and needs university fees or a house deposit.?Do you know how payment for this site works? I paid £56 to get started and get in contact with you. Do I need to pay another £56 straight away for ongoing advice or does that get deferred to the end of the month. I think we are going to need quite a bit of help.Stephanie
Customer: replied 12 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 12 months ago.
I'm sorry I went into town and saw a solicitor>
Expert:  Clare replied 12 months ago.
HI
Do not be sorry - I hope that you were given the details you need to inform his sister that whilst you have no claims for yourself - you DO have the right to deal with matters as your daughter's representative
Clare

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