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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10731
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother is terminally ill and was diagnosed with stage 4

Customer Question

My mother is terminally ill and was diagnosed with stage 4 stomach cancer a year ago. She is currently in hospital unable to move, walk or talk. When my mother was able to talk she made me her representative with her finances and collecting documents from hospitals as she wasn't well enough to walk. No one from our family wanted to support my mother and myself. Now that my mother is taking in her last breaths, my older sister turned up and is wanting power in what happens with our mothers belongings. My sister is an unstable ex drug addict who has lost her children in a court battle recently. My mother did not leave a will but she gave me tasks to do with her belongings and I am afraid that my sister is going to corrupt. What can I do to prevent this?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

and thanks Just Answer.

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

I am sorry to hear of your situation.

As your mother has not made a Will, when anything happens to her, her Estate has to be divided up in accordance with the strict Intestacy Rules. On the basis that your father is not alive, these rules state that her Estate is to be divided equally between her children.

This is so, notwithstanding the behaviour of the children during the deceased's lifetime.

As regards ***** ***** Estate, either of the next of kin (ie yourself or your sister) can apply to a local Probate Registry to become Administrator of the Estate. This is on a first come, first served basis and can be dealt with through a Solicitor or a personal application. Whoever is appointed as Administrator is then entitled and under a duty to distribute the Estate in accordance with the Intestacy Rules.

You do therefore really need to apply to become Administrator whenever anything happens to your mother. Then, at least you should be able to safeguard her belongings and monies and make sure that your sister does not take what she is not entitled to.

I hope this assists you and sets out the legal position.

Kind Regards