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Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My step mother recently passed away. She married my father

Customer Question

Hi, My step mother recently passed away. She married my father 18 months after the passing of my mother and at that time moved into our family home. The family home was subsequently sold and they (step mum and my father) purchased another property. Unfortunately my father then passed away leaving the estate to his wife (my step mum). During the 25 + years since the passing of my father, I have kept in contact with my step mum (who had two children from a previous relationship - she never re-married following the passing of my dad) and has always maintained that when she passed the estate would provide small amounts for the grandchildren with any balance being split between the 4 children (her 2 daughters, my sister and I). My step sister who is handling the probate tells me that at this time she cant find the Will, and I fear that this will put my sister and I in a weak position to gain any benefit for our children and ourselves from the estate. My question is where do we stand legally?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I should add that my step mum was not in a relationship or living with any one at the time of her passing, and the home which she purchased with my father was subsequently sold with the proceeds being used to purchase a further home. When she met my father she was living in a mobile home and had no property of her own.
Customer: replied 1 year ago.
One final point. My father married my step mother within 18 months of the passing of my mum, with my father passed away within a year of marrying my step mum.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did your step mother have speak of seeing a solicitor to make a Will?

Customer: replied 1 year ago.
I don't know. She told me there was a Will though whether that was done through a solicitor or just her own attempt on a piece of paper I'm not sure
Expert:  Clare replied 1 year ago.

I am afraid that the news is not good.

If there is no Will then the Intestacy Rules apply and the entire estate will pass to her biological children.

There is no way around this I am afraid - the timing of the remarriage and your father's subsequent death have no relevance so far as the law is concerned.

I am so very sorry

Please ask if you need further details

Customer: replied 1 year ago.
OK. THanks for your feedback. It is as I feared. Is there a way of finding out if a Will was completed. I appreciate that if it was done on a piece of paper I am relying on the good will of my step sister. What happens if it was done officially?I guess there is little point pursuing this formally through legal channels?
Expert:  Clare replied 1 year ago.

Do you have any idea which solicitor she might have used?