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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35045
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am looking advice My father passed away on Friday

Customer Question

I am looking for some advice
My father passed away on Friday and last year my dads ex wife took my dad to court claiming a share in my grandmother house, my grandmothers house was paid for with no mortgage but when my dad and his wife were together my dad took a mortgage on my nans house to fund his and his wife's business, when my dad health got bad they sold the business and could not afford to pay the mortgage, my nan has been paying from her bank for many years from her pensions,
So because legally my dad owned now 50 per cent of my grandmothers house when they divorced she was awarded 25 percent on the death of my grandmother.
Does this still stand now my father has passed away first?
Also we have since found out and the fraud squad are dealing with it as the ex wife has been logging into my grandmothers Internet banking for over a year paying money into her credit card?
She also tried to say in the divorce my nan has dementia which she does not! I am getting her doctor to make a medical report this week confirming this.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
i am sorry for your loss
My name is ***** ***** I will do my best to help you
I am sorry but the fact is that if the Court Order has been made then it still stands and the money will be payable to this woman (unless of course it has to be used to compensate your grandmother)
Please ask if you need further details
Customer: replied 2 years ago.
So is it impossible to contest this decision? Even tho my Dad had Cancer at the time, my Dad was offered the chance to make a claim against her parents property and refused, could we not even do this, or could we not at least contest the fact my nan has been paying the mortgage, especially if it's proved she has been robbing my nan?
Expert:  Clare replied 2 years ago.
Did your Grandmother apply to be an "intervenor" in the matter so that her claim on the property could be considered?