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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11424
Experience:  30 years as a practising solicitor.
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I am an only child...my father was absent of my life and

Resolved Question:

I am an only child...my father was absent for most of my life and never paid my mother child support. I am now 66 ..I have been in contact with him and his wife (no children) for about 8/9 years and visited him when I was in the country. More often in the past few years..I lived in USA for 34 years ..returning here 4 years ago.
Last Christmas I sent them their Xmas gifts as usual ..a couple of weeks later I called . My Stepmother sdue to aid "Oh Marica I meant to call you ...your Dad died a few weeks ago". I have sent you a letter. I have no clue when he died...she informed me she was going to Australia for a while. I have heard nothing since. At first I was so shocked but thought she is just grieving I will hear from her ..but nothing. Now I am a bit upset and have decided to enquire if in fact I am in fact due 25% of his movable estate. I have no idea if there was a will. Can you advise?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
You are due whatever he may have left you in his will OR one third of his moveable estate if there are no other children. You can elect one or the other. If there is no will his wife is entitled to prior rights which take precedence over legal rights. Whether you would be due legal rights in that event depends on how large his estate is. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
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