First wife wants to take control of ex husbands funeral

Mojisola

Bath_cube wrote: »

I'm pleased that she has had some legal advice and was told that his ex and her over grown kids don't have a snowball in hello chance of trying to contest this. The house is only worth around one hundred and thirty thousand plus with savings and policies the total is way below the 250k threshold for probate.

The son as I mentioned earlier is living with his mum and has tried to argue he needs some of the estate to buy a place of his own and that he may gain custody of his child one day. This remains to be seen since as his ex partners mother has been granted guardianship by the family courts and he can he has only just been allowed to see the child under supervision at a centre. Therefore probably unlikely he will have the child living with him until it comes of age and is capable of making their own decision. His mum (my cousins husbands ex wife) owns a 3 bed property whilst my cousins is only a 2 bed. So his son has a roof over his head anyway.

All the stuff about the son is irrelevant - you don't inherit because you think you need some money!

I think she's misunderstood about 250k being something to do with probate.

The solicitor probably meant that even if the will isn't valid, the estate is below the level set by intestacy for the spouse to inherit it all.

gettingtheresometime

Bath_cube wrote: »

If it was on my cousins shoes I would have used the big F word to them long before now. I'm pleased that she has had some legal advice and was told that his ex and her over grown kids don't have a snowball in hello chance of trying to contest this. The house is only worth around one hundred and thirty thousand plus with savings and policies the total is way below the 250k threshold for probate. The son as I mentioned earlier is living with his mum and has tried to argue he needs some of the estate to buy a place of his own and that he may gain custody of his child one day. This remains to be seen since as his ex partners mother has been granted guardianship by the family courts and he can he has only just been allowed to see the child under supervision at a centre. Therefore probably unlikely he will have the child living with him until it comes of age and is capable of making their own decision. His mum (my cousins husbands ex wife) owns a 3 bed property whilst my cousins is only a 2 bed. So his son has a roof over his head anyway.

He's trying to spin her a sob story.

Tell him to foxtrot oscar

Red-Squirrel_2

geminilady wrote: »

The children are 30 and 32 grown adults who should not need their mothers support.The first wife should respect her ex husbands wishes and not attend but if she does tell your cousin her husband would understand that there was nothing she could do as legally anyone can attend, she can however refuse to have her at any kind of wake.

30 and 32 year olds who gave just lost their dad who was only 52.

A dad who married a 20 year old when they were 15 and 13, which was probably pretty hard on them, and who they've just found out didn't bother to make any provision for them in his will. They've also discovered that their stepmother of 17 years apparently doesn't care about them very much or view them as her family.

I think posters have been a bit hard on them. I'm older than these adult children but would still be pretty devastated in the situation they're in.

Yorkshireman99

Red-Squirrel wrote: »

30 and 32 year olds who gave just lost their dad who was only 52.

A dad who married a 20 year old when they were 15 and 13, which was probably pretty hard on them, and who they've just found out didn't bother to make any provision for them in his will. They've also discovered that their stepmother of 17 years apparently doesn't care about them very much or view them as her family.

I think posters have been a bit hard on them. I'm older than these adult children but would still be pretty devastated in the situation they're in.

Life is tough! The adult children are trying it on big time. Legallly they are not entitled to anything from their father's estate but they are trying to deprive his widow of her legal entitlement. Their behaviour stinks

Aced2016

I think I look at it differently ! I think the ex is an absolute inconsiderate witch. Secondly her children are grown adults ! She has no place to be near her ex husbands funeral and he wasn't a recent ex either.

And how sad is it the a man has unexpectedly lost his life, and all anyone can think of is money !!! Boils my blood. I would be disgusted if my children acted like this when I pass. His wife should have her home no questions asked. If she so chooses to give his children some money from the policies then so be it, however she was been widowed very young at 37 and £30,000 is not much at all.

thorsoak

Any will that the ex-wife has in her hands which was made prior to his marriage to his current wife is, as said before Null and Void. He made a new will upon his second marriage and this is the will that will stand.

His adult children may attempt to claim that they are entitled to support - but they will have to prove in court that they were dependent upon him.

Ross_Hickton

If the deceased didn't make any preferences legally known, then the decision falls to the next-of-kin (nearest relative). If the next of kin is unavailable or unable to make decisions of this nature, the next of kin hierarchy is followed until someone who is able to make these decisions can be found.

In certain situations, such as an accident or disaster in which the next of kin was injured as well, the person with the right to control disposition might be temporarily incapable of making arrangements. In these cases, the degree of incapacity will have to be determined, usually by the doctor overseeing care for the next of kin.

Bath_cube

The funeral took place today. The ex wife went to the service and the wake. The grown up son has got a solicitor involved as he plans to say he was financially dependent on his dad.

Yorkshireman99

He is bluffing! Don't let him get away with it. Keep calm and come back here for any help. Up and at em!

Mojisola

Bath_cube wrote: »

The grown up son has got a solicitor involved as he plans to say he was financially dependent on his dad.

He can say what he likes - he wasn't dependent and won't have any proof.