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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10778
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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a lady has 2 daughters and 4 grandchildren she remarries both

Customer Question

a lady has 2 daughters and 4 grandchildren she remarries both the lady and her 2nd husband die within 10 months of each other, one if the ladys daughters die before her mother , what claim does the deceased daughters children have on their grandmothers estate , the other daughter has claimed all the estate including the flat which she wants to rent out t0 her deceased sisters daughter , where does she stand on this issue , the flat was paid for so no mortgage.
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.
Hello and thanks for using Just Answer.

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

Could you please let me know if the lady left a Will?

I take it that she died after her 2nd husband?

I look forward to hearing from you.

Kind Regards
Customer: replied 4 years ago.

she died 10 months before her second husband . we are not sure if she left a will , the daughter who is still alive , was dealing with all the affairs , and I live about 360 miles away , so im not in contact , my daughter who is the granddaughter of the deceased lady and gentleman , was asked if she wanted to rent the flat and pay 590 pounds rent to the sister of my late wife, ( she was the eldest daughter before she passed away in 2003 ). the other sister has put the flat in her daughter kims name.

Expert:  Aston Lawyer replied 4 years ago.

Hi Paul,

Thanks for your reply.

You will need to do some investigating yourself to find your answer, as it all depends if Grandmother left a Will or not and whether the Flat was owned by her alone at the date of her death.

Provided Probate was obtained to her Estate, you can obtain a copy of the Will from Leeds probate Registry for a nominal fee. You have to contact them via the post-

Postal Searches and Copies Department
Leeds District Probate Registry
York House
York Place

You will then need to have a look at the Will to see what it says.
As her husband survived her, it might well be that she left her Estate or part of it to him.

If Grandmother had not left a Will, then her Estate is distributed in accordance with the strict rules of Intestacy, which basically means the first £250,000 and the balance is divided between her children or if any of the children had predeceased her, that child's share is divided between her children. (ie the surviving sister does NOT inherit it all, only one half, the other half going equally between your children).

As well as the above, you also need to establish in whose name the Flat was in at the date of Grandmother's death. If it was in Grandmother's sole name, then you will need to see if she left this specifically to anyone in her Will, or if there was no Will, then the Intestacy rules apply.

I hope this gives you the legal background and hope you appreciate that I am unable to answer your question totally without the above information.

Hope this helps.

Kind Regards
Expert:  Aston Lawyer replied 4 years ago.

Hi Paul,

Can I be of any more assistance to you?

Kind Regards
Expert:  Aston Lawyer replied 4 years ago.

Hi Paul,

Can I be of any more assistance to you?

Kind Regards