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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16790
Experience:  30 years as a practising solicitor.
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My father passed away leaving his estate to be shared

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Hi, my father passed away leaving his estate to be shared between my sister and myself. Sadly then my sister passed away before the will could be completed. She left no will. Does this mean that her share of my fathers estate then goes to her husband even though he is not named in my fathers' will?
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: In England
JA: What documents or supporting evidence do you have?
Customer: Only my fathers will which is being held by the solicitors acting as the executor
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Only that my brother in law is trying to grab as much as he can over the percentage of the inheritance. After my father passed away it was both my fathers and sisters wishes that I could stay on in the family home as recognition for everything I did for my parents in their final years. And now my brother in law is wanting me to pay rent on 'his share' of the house.

Thanks for your question. I am a solicitor in the UK with 35 years of experience in private practice and I hope that I can help you with your question today. Let me just read your question and I will either give you an initial answer or ask you for further information. I aim to respond to you as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best answer I can.

Your late sister’s share of your father’s estate passes to her estate. So if her main beneficiary is her husband he inherits whatever your sister would have inherited had she lived.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

JGM and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thankyou for your reply. Sadly it is as I expected.
As that is the case what rights does he have in demanding I pay rent for the time I remained in the family home after my father passed away until the house was sold? it was always both my fathers' and sisters' wishes that I could stay on in recognition as I looked after both my mother and father in their final years.
The house is now sold and the money is with the executors and it is only now I have heard of this demand for rent via the executor who cant/ is unable to tell me any figures. This of course is delaying the completion of the will as I feel if I agree without knowing it would be like signing a blank cheque. My brother in law has broken all contact with me and I doubt going round to his house would end well.
If he can demand rent, could I claim payment for all the maintenance I carried out on the property during my stay, And also as he is denying both my fathers and sister wishes I could remain in the family home as recognition for all the care I provided to my parents I should now seek some sort of payment in lieu for the years I looked after them. (Neither my sister or her husband did more than the occasional visit).
Customer: replied 7 days ago.
That's a shame. I hope I will not be charged the £44

Rent, and indeed care fees, are a matter of contract. There are none here and no justification for payments to be made either way. I suggest you tell your brother in law that you will not tolerate his stupid behaviour and that the estate has to be wound up forthwith. Instruct your own solicitor if necessary.