Family Dispute

keira_3

Hi, I am hoping that someone out there can help me. Unfortunately my mother passed away in May of this year and my father who is suffering from cancer does not have long to live. As this is not devastating enough my sister has now become akward and says that I will not be receiving anything from the estate. my parents did not leave a will and I have 1 brother. Unfortunately I know nothing of of parents financial affairs although I do know that the house is paid for. I'm at a loss as to what to do when the time comes. Are there any legal experts out there that can advise me. I know that it goes to intestate. I have been asked to stay away from the house and hospital so cannot even say goodbye, I'm desperate for help. Thank you all.

Stephb1986_2

Who has asked you to stay away from the house and hospital? Have you and your dad had an argument or something??


Steph xx

bryanb

If no will exists, there are rules for distribution of your father's estate. Your sister (and brother) will have to obey the rules.
They have no right to exclude you from hospital if your father will see you. Not sure about house. Is it their home?

MissThrifty_2

How dreadful. It sounds like there is a lot going on here and I'm not in a position to advise you on the larger, emotional issues. However, I would like to point out that if your father dies intestate, your sister isn't going to be the one in charge of probate! If there is no will, then wouldn't you and your siblings be on level pegging when it came to division of the estate?

I would recommend that you seek professional legal advice ASAP. Many local firms, including those with probate services, offer free advice clinics - and there is probably one such firm in your local area.

squidge60

sorry to hear your situation sadly money brings out the worst in people!unless its your father who has said he does not want to see you i would go to the hospital.x

Errata

This is a flowchart showing who gets what if there is no will
http://www.cch-solicitors.com/wills/intest.htm

keira_3

My father and I had a very loving relationship and there had been no arguments. I know that he would want the estate split between his children. My sister has requested me to stay away and out of respect for him I have done so because I am not prepared to argue over his deathbed. He knew how I felt about him. The house is owned by him and only him but as I'm disabled I need legal aid. Thank you all

*Louise*

If you and your father are fine then why has she told you to stay away?

If I were you, I wouldn't pass up the chance to say goodbye to my father, that will be your biggest regret. You don't need to argue over his deathbed, just maintain a dignified silence if needs be.

bryanb

keira wrote: »

My father and I had a very loving relationship and there had been no arguments. I know that he would want the estate split between his children. My sister has requested me to stay away and out of respect for him I have done so because I am not prepared to argue over his deathbed. He knew how I felt about him. The house is owned by him and only him but as I'm disabled I need legal aid. Thank you all

No reason you need legal aid, the estate must be administered according to the law on intestacy. Probate will not be granted on any other basis.

RedBern

agree with Louise - if you're on good terms with your father then take the time to visit him and say your goodbyes. You could regret it later. It is not for your sister to dictate who visits him. He may be wondering why you haven't been along?

As he's in hospital, how about speaking to the hospital social worker and asking if there's any reason you may have been asked to stay away? Perhaps they could act as intermediary for you, and support you on your visit if necessary.

pboae

If your father wants to see you, you should go. If your sister doesn't want to see you, she can tell you a time to visit when she won't be there. What a horribly selfish thing to do to a dying man. :-(