A delicate situation.

Scarlett.1974

Hi

I've never posted on this board before, but I hope it's the correct one for the questions I'm asking.

My daughter's dad and I split when she was just a few months old (we weren't married) but he was a good dad and had her every weekend without fail for 7 years. Very sadly, he passed away in 2003. He did not leave a will. He had a new partner by this time (they weren't married) and they had a son together.

Now, for reasons I won't go into, we sadly don't have a lot of contact with his family anymore.

A couple of months after he passed away I was told (by his g/f) that his parents were the executors of his estate and that it was being dealt with, but could take a long time. They had bought a new house together only a few months before he died. My memory of this time is a bit hazy but I remember the g/f telling me that they (her and his family) were hoping that the house could simply become 'hers' and any money (from insurance policies) would be put in trust for my daughter and her son.

I hope I don't sound like a money-grabber here but I KNOW my ex would have wanted his daughter provided for. Apart from asking his family (which would be incredibly awkward) is there any way of finding out if the estate has been sorted out and how much my daughter is looking to receive and when?

Many thanks and sorry for the waffle above.

Yorkshire-Lady_3

Could you ask his g/f?

As her son is in the same position as your DD, she may well know more.

YL

Scarlett.1974

Thanks Yorkshire-Lady.

Sorry, I should have said, we sadly don't have any contact with his g/f at all now. Relations are beyond repair with her (nothing to do with my ex passing away or his estate though).

I think I know the answer to my question - I'm going to have to ask his parents aren't I?

Would I be right in assuming that whatever my daughter is due and/or entitled to when she reaches 18 (I assume?) then that is safe and protected by law and there's no way she wouldn't be able to get it? If that makes sense?!

arealbasketcase

If, as you think, your child's father died intestate then the Administration of Estates Act 1925 provides for her to inherit. It isn't that cut and dried but the following link does a fair job of keeping it simple:

http://www.inheritancedisputes.co.uk/intestacy.php

and another one, this time from the government rather than a firm of solicitors, I don't want to be accused of advertising:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingMoney/PlanningYourPersonalFinances/DG_10013642

How much he left and how many children were involved are important factors, intestacy can delay probate but for most cases you are talking months not years (or so I believe, only a law student so please don't trust my advice too much).

Best of luck.

Scarlett.1974

arealbasketcase wrote: »

If, as you think, your child's father died intestate then the Administration of Estates Act 1925 provides for her to inherit. It isn't that cut and dried but the following link does a fair job of keeping it simple:

http://www.inheritancedisputes.co.uk/intestacy.php

and another one, this time from the government rather than a firm of solicitors, I don't want to be accused of advertising:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingMoney/PlanningYourPersonalFinances/DG_10013642

How much he left and how many children were involved are important factors, intestacy can delay probate but for most cases you are talking months not years (or so I believe, only a law student so please don't trust my advice too much).

Best of luck.

Thank you very much, I shall have a look at those links now

RedBern

http://www.hmcourts-service.gov.uk/cms/1226.htm would be worth looking at this - you can get a copy of anyone's Will I believe - the above link should help. I thought (but may be mistaken) that a child would have a right to a share of the deceased's estate. I think first point of contact should be the link above - ensure that no Will was made, and who, subsequently, dealt with the estate. Armed with that info, it may be worth a trip to your local CAB for further (free) info/advice. good luck

Strapped

I'd imagine that if he died in 2003, you may have left it a bit late. I'd imagine that his estate would've been dealt with by now. The executors should've notified your daughter of her inhertitance, if any. Remember that if her father and his gf bought a property together, then depending on how they held it - tenants in common or joint tennants - his share may have passed directly to her on his death and not formed part of his estate. However, since he died without a will, your daughter WOULD be due a share of his estate (life insurance policies etc.)

Scarlett.1974

Thanks for that link RedBern, I'll check it out now

Strapped - I'm almost positive it will all have been done and dusted by now. It's the fact that we've received no sort of notification about what (if anything) daughter will be due when she's of age that concerns me I suppose.

I know it's been a long time and from about 6-12 months after he died I kept thinking "I wonder if things have been sorted by now?" but I just fel SO awkward at the thought of asking the g/f or family about it, for fear of coming across as some sort of money-grabber

Now that we have very little contact I just think it would be even more awkward...... but I guess I need to just bite the bullet and get in touch with ex's parents - I do know that they were the appointed executors of his estate. I suppose if anyone would know they would.

Thanks for all the advice

kunekune

If the only asset was the house, and it was in joint names, then the chances are that there wasn't really an estate as such. It is most likely that the house was held on a joint tenancy, and this would mean that it went to the g/f when he died. That would be automatic, it just wasn't part of his estate. If there was a death in service provision through his work, then usually that falls outside the estate as well, the employee will have indicated who he wishes this to go to. If he was intestate and there were assets, and he wasn't married, as you say, your daughter would have been entitled to a share. I suspect, sadly, that there wasn't anything to share out.

Sorry, because it's really unfortunate for your daughter, but it doesn't look very good for her.

littlemissmoney

Could you write to his parents so you don't have to talk to them? Maybe just a hand written letter so it doesn't look too formal?

Mary_Hartnell

You can check and see who now owns the house on the Land Registry site for 3 GBP.