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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 4789
Experience:  Director and Principal Solicitor. UK
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I need help with inheritance please. My dad died in 2011. We

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Hi, I need help with inheritance please. My dad died in 2011. We could not proceed with claims earlier as my half siblings were still
JA: Estate laws vary by state. What state are you in?
Customer: London
JA: What documents or supporting evidence do you have?
Customer: all documents will be available in June. My youngest half sibling turns 18 in June and will no longer be under her mother’s care. The mother is extremely abusive.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My dad might have had a will, but we think his second wife has destroyed it

Good morning. Welcome to just answer. I am a solicitor and happy to assist. If you have not been able to find a copy of the Will up to now, you may have to treat his estate as intestacy as you are not far from 12 years where limitation will be reached for claims against the Estate. If he had remarried and he died intestate (without Will) then his second wife will be entitled to inherit the family home and to share any money with all his surviving children despite of who the mother is. If I can clarify please feel free to send me your follow up question, I am happy to assist. All the best.

Customer: replied 7 days ago.
Ok, I am speaking on behalf of all my siblings and half siblings. We want to proceed with the claim to our father’s property in London in June. I need the to find a solicitor that can represent us. Can you provide these details please?
Customer: replied 7 days ago.
Hi, I paid the membership fee but I can’t login.
Customer: replied 7 days ago.
PayPal are running a security check. I can’t pay the €51 yet.

For representation regrettably we cannot represent we can only guide you whilst you do the work yourself. You can find a solicitor on the Law society website there is a Find Solicitor search facility where you can filter by area of law and proximity to your address using your postcode. IF the property in London is not the home which he shared with the second wife you will be entitles to a share and therefore I would strongly encourage you to get a solicitor to represent you.

SolicitorRM and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
The home in London was the marital home. Some of my siblings still reside there. Are we still entitled to a share?

Good afternoon, if inheritance is going to be without a Will, then whether your father's wife will inherit the marital home in full will depend on how the property was help. If it was jointly owned and they were not temants in common then she would inherit his share and therefore the children would not inherit the property but would inherit the rest as follows:

If the estate is valued at more than £270,000, the surviving would inherit:

  • all the personal property and belongings of the person who has died, and
  • the first £270,000 of the estate, and
  • half of the remaining estate.

You therefore need to check with the Land Registry how the title to the property is held to know if she has inherited his share or is she has her 50% only and his share falls into the estate to be shared as above.