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Message started by lar7sson on Jun 2nd, 2003 at 11:19pm

Title: childrens legal entitlement to estate
Post by lar7sson on Jun 2nd, 2003 at 11:19pm
What legal rights do children have to their deceased mothers movable estate,even though they are survived by a step father

Title: Re: childrens legal entitlement to estate
Post by traineesolicitor on Jun 9th, 2003 at 2:04am
If the mother has left a Will - one-third of the moveable estate between the children.

If mother did not leave a Will - stepfather has prior right of house up to value of 130,000, cash right of 35,000 and furnishings up to 20,000

Then children get one-third of moveable estate and stepfather gets one-third.

Them children get other third and rest of heritable property (if any) between them.

Title: Re: childrens father dies but has a long term girl
Post by eastlink on Nov 4th, 2003 at 3:12pm
what is the outcome if your father dies has 4 children anda girlfriend of 10 yrs on off stormy realationship,and there is no will but a large sum of money left behind

Title: Re: pls some advice to see if i should take this f
Post by eleanor on Mar 9th, 2004 at 3:01am
ok my mum died and my dad met another person got married to her...my dad died 7 yrs ago and left a wealthy estate which none of the family got apart from his new wife... she has now died r we as step children entilted to anything of this estate there is no will involved. thanks also she has 2 children of her own

Title: Re: childrens legal entitlement to estate
Post by scottishlaw on Mar 9th, 2004 at 3:30am
This is one area where you probably should take some legal advice.  I recommend you speak to a solicitor as I think you should have been advised to claim under your father's estate but I don't know if you can now claim under your stepmother's.

If you need a solicitor in your area go to http://www.lawscot.org.uk/scripts/firms.asp and select "Executries, Wills and Trusts" as the category.

Title: Re: childrens legal entitlement to estate
Post by traineesolicitor on Mar 9th, 2004 at 4:52am
Eleanor,

Providing your Dad dies domiciled in Scotland, and you did not sign a discharge or disclaimer of legal rights then you can claim your legal rights up to 20 years after his death. You would be able to make a claim in on your stepmother's estate in this regard. Your entitlement (with any other children your father has) would be to one-third of the moveable property between you. Moveable property essentially is anything other than houses.

As step children you are not entitled to inherit any of your stepmother's estate - it will pass under intestacy to her own children.

I would advise you to contact a solicitor about this - certainly your right to claim legal rights, unless already discharged, should still be valid.

Title: Re: childrens legal entitlement to estate
Post by eleanor on Mar 9th, 2004 at 5:02am
;D thank u trainee and scottish for ur advice will see a lawyer tomorrow and see what they have to say.tyvm

Title: Re: childrens legal entitlement to estate
Post by eleanor on Mar 10th, 2004 at 1:48am
hiya just to let u all know been to see a lawyer for some advice and our family hasnt any rights to to my dads estate it went to his wife and she can do as she pleases with it.Still dont understand it but we were told no we wouldnt get anything at all her family will get what she has left behind ,But thanks anyway

Title: Re: childrens legal entitlement to estate
Post by traineesolicitor on Mar 11th, 2004 at 4:18am
Eleanor,

Not having all the facts, I can't give you a definitive answer, however, I would say that providing (a) you dad died domiciled (basically habitually resident) in Scotland; (b) you are his child; (c) you did not sign a discharge of your legal rights; (d) you did not receive anything under his Will; (e) your dad died less than 20 years ago, then you should be able to intimate a claim of legal rights on his widow's estate.

You are not making a claim on her estate, essentially you are claiming a debt on her estate, almost as if you had lent her money. This actually occurs quite frequently as a tax planning exercise.

I would suggest you seek a second opinion; many solicitors are not familiar with the ins and outs of succession law unless they specialise in it.

Title: Re: childrens legal entitlement to estate
Post by eleanor on Mar 11th, 2004 at 8:04pm
hi trainee
Thanks for ur email ok my dad 7 yrs ago in scotland.i havent signed anything concerning legal rights.and he didnt have a will.He remarried and according to several diffrent lawyers when he died his pension from his work went to her to do with as she pleases,also the personal belongings in the house i have to write to her family to get them as they wont do that for me so im confussed .Its her money and they said it wouldnt be worth going for it now as she has probably spent it all

Title: Re: childrens legal entitlement to estate
Post by neilmat on Jan 24th, 2011 at 10:02am
My mother left me with my father when i was a baby - she remarried twice but never had any more children. I had been trying to trace her only to find out she died in2005. She was survived by her 3rd husband who i have contacted. He is happy to meet me to discuss her life and to give me some pictures etc. Am i entitled to any of her estate if there was any?

Title: Re: childrens legal entitlement to estate
Post by Lil Mo on Jan 24th, 2011 at 7:07pm
Hi,

Some how or another your question has ended up on the archived legal questions - you would be much more likely to receive a reply if you repost in Legal Qestions and Advice.

Mo :)

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