Now anything about probate.

Discussion in 'General Chat' started by sapper44, Feb 10, 2009.

  1. sapper44

    sapper44
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    The wife's father passed away not so long ago. He left no will. His wife died a few years ago. He left three children one is deceased I've sorted the probate out the daughter will have the letters of administration which means she will be sharing out the deceased estate. When the daughter (my wife) had to go to the Probate office to swear an oath she said that the estate should be shared out between the 2 remaining children and the diseased sons child. My question is the deceased son left a wife. There was no questions on the forms regarding his wife so she wasn't considered for a share.I'v looked around on the net cant find anything which would entitle her to anything. I am wondering if anyone's had similar experience.
     
    Last edited: Feb 10, 2009
  2. Miyazaki

    Miyazaki
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    Sorry, but do you mean deceased or diseased?
     
  3. sapper44

    sapper44
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    I mean deceased as in dead.Thanks.
     
  4. Hi-Def

    Hi-Def
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    i maybe completely wrong but i remember watching a series on BBC one called Heir Hunters. Any way I'm pretty sure they always stressed it has to be related by blood line so the deceased Sons wife wouldn't be given a share because she isn't in your father in laws blood line but his son is.

    but these people Fraser and Fraser: Genealogy for Intestate and Probate Research have a website and it may have an FAQ or something which may answer your question
     
  5. DOBLY

    DOBLY
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    Only the living, direct descendants will automatically get a share of the estate, but if these two living direct relatives agree, anything can be sorted out between them, including an allocation to other members of the family, friends, charities or whoever.

    Your wife, in conjunction with her (sister?) can agree to divide the estate between themselves 50:50, or any other allocation - for example 40:40:20 - with the wife of the deceased son getting the 20%. The proportions are entirely up to the 2 living direct descendants.

    Things can get very complicated and difficult if agreement cannot be reached by the 2 that are automatically entitled, but as I say above, the wife of the deceased son has no claim as of right, but your wife and her surviving sibling may decide that it is only fair that she gets at least some of the estate that their brother would have had, if he had survived his father.

    Hope this helps - I am not saying that I know the law inside out - this is simply my take on what I know.
     
  6. sapper44

    sapper44
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    Thanks for the replies yes that is my take dobly.Unless someone can tell me different.
     
  7. Lion

    Lion
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    from this website...

    Wills and Probate Legal Information from LAW on the WEB

    quote...
    "Your estate will be shared between the children. Should they die before you then their children would take their share."

    I had to deal with an aunt's estate when she died with no will,
    it's called intestacy.
    in your case the estate would be divided into 3 equal parts between your wife, her sibling and their deceased brother's child.
    the deceased brother's wife is not entitled to anything in law, it goes straight to his child.
     
  8. sapper44

    sapper44
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