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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister passed away 8 months ago, she was married

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Hello, my sister passed away 8 months ago, she was married and has a child with her husband, she also had another child with her ex husband who she was with for 20 years, she whilst alive worked for the same company and had a company pension with death benefit in the region of £100k. Also insurance which cleared the mortgage. She died without making a will and her husband went to probate and claimed all the moneys, the older daughter is 22 and would have been provided for had a will been made, my sister doted on Charlotte they were best friends, before she fell ill due to the mistreatment of herself and Charlotte she was planning on leaving him. Unfortunately the cancer was swift and merciless. He was trying to force Charlotte out before my sister died but she stopped it, since her death he has given Charlotte £14k to put as a deposit on a house and no more, I believe she should be entitled to more, but she is afraid to rock the boat for fear he may prevent her from seeing her sister, the question is, is there anything she can do?
Submitted: 1 year ago.
Category: 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 informtaion first.What other assets were there?
Customer: replied 1 year ago.
Hello Clare, thank you for getting back to me as far as I know there are no other assets except her car which I believe he uses
Expert:  Clare replied 1 year ago.
How much was the house worth?
Customer: replied 1 year ago.
About £170k
Expert:  Clare replied 1 year ago.
So with her share of the house and her pension lump sum the total assets were less than £250,000 is that correct?
Customer: replied 1 year ago.
Yes i would say so though not entirely sure some of this is guessing as he will disclose exact figures
Expert:  Clare replied 1 year ago.
Under the Intestacy laws the spouse is entitled to the first £250,000 if the estate and all the belongingsIn addition the house actually passed to him by right of survivor ship.He has not been generous to his step daughter - but he has given her something and sadly there is nothing much more that can be done.I am sorry not to give better newsPlease ask if you need further details
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Customer: replied 1 year ago.
Ok not fair but thanks anyway
Customer: replied 1 year ago.
Claire i have been told today that the total assets were more like £350k does this make any difference?
Expert:  Clare replied 1 year ago.
Was that wIthout her share of the house?
Customer: replied 1 year ago.
By her do you mean my sister the breakdown is £216k for house £103k pension payout and £5. 2k a year for life the 216k is the current value
Expert:  Clare replied 1 year ago.
.I am afraid that that does not change matters as the house will have passed to het partner outside of the Intestacy rules - meaning that only the Pension Payout was relevant.I am sorry
Customer: replied 1 year ago.
Ok thank you ☺

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