What happens to my ex-husbands estate?
My ex-husband (the love of my life) sadly passed away 3 days ago at the age of 49. We were still very honourable friends but our marriage just didnt work. We came to a mutual financial settlement as quantity of our divorce and he kept the house (which was solely in his name anyway because he have the house long before I met him), the house is worth about lb100,000 and there is no outstanding mortgage, he have no surviving relatives whatsoever and Ive been told by the hospital mortuary that he will be having a hospital funeral and that social services will be going into the house to search through his belongings for a will, can they do this? Who have given them the authority to do this? I am really upset that a stranger is in my best friends house searching through it (a house which contains a lot of useful antiques), I asked for a set of keys because I still have some of my own property in the house, I be told by the hospital that I can not have them because "you are only the ex-wife and not the next-of-kin", who would be the next-of-kin if there's no relatives at all? and where on earth would I stand if there is no will and no surviving relatives? and am I entitled to keys to the house where in attendance is still a photograph up of us both on our wedding day? Please help :-(
Best Answer:
If no blood relatives you are next of kin ,see a solicitor hastily did you have kids they are next of kin .
Sadly where there is no next of kin ,the estate foes to The Crown eg the country Do you not know of any living relatives,even distant ones Do you know if a will exists at adjectives ,or who his lawyer was Social Services have probably be given permission from the Courts to gain access to the house and hopefully find a valid will. Someone has to deal near very sad situation and in this satchel it's the authorities As an ex-wife I doubt if you would be entitled to access unless you were named as a beneficiary or an executor of the will
The social services are correct - as an ex-wife you own no more right to have a key than a total stranger. From their point of view, if you didn't enjoy a key before you probably were not the entity your ex would want going into the house. If there is a will then obviously it will be followed. But if it be made before your divorce then it will be construed as if you had died on the daylight of the divorce - ie you will not get anything even if the will says you should. Obviously if it was made after the divorce and you are surrounded by it then you will be OK. If there is no will then the estate is deal with according to the intestacy rules. Assuming there is no current spouse or children, the next surrounded by line are parents, then brother, sisters or nephews and nieces, then grandparents, next uncles, aunts or cousins (including children, grandchildren etc of cousins). It is highly unlikely that there are no relatives at all that fit this definition, but if near are not then the Crown will take the entire estate. An ex-spouse has no claim on intestacy. Obviously if in that is an ongoing maintenance arrangement you should be able to receive something because of that. You will also be entitled to anything that you can prove belongs to you, or was collectively owned. But if your mutual settlement was deemed final then everything he be left with will legally be his and you will enjoy no claim on it.
You are not entitled to access unless you can show there was go-ahead granted by the deceased. You may have to apply for interim injunction to prevent your property being disposed (either sold or thrown away) You may also label a claim for reasonable provision if the divorce settlement has a maintenance instruct from the court or by consent order. No formal settlement was entered In which travel case you may be able to claim under Inheritance (Provisions for Family & Dependants) Act 1975. Best get proper warning from a solicitor which may charge you. It does not go straightaway to the crown as indicated, the estate must be unclaimed for decades before this happens, in general though property is sold and converted to cash which is then held by the treasury solicitor.
i'm sorry but they are right not to allow you access to the house. a distant relative may come to light, but for and there is no will, then it all shift to the government, after any bills and expenses have been salaried. an ex wife has no claim at all, even for anything personal or even a memento. it may be strong for you to prove anything in the house was yours unless you have something surrounded by writing.
Unless there is a will stating that you are a beneficiary afterwards you are legally entitled to - absolutely nothing, You are not a relative and accordingly in law you get zilch that is not specifically willed to you. If there are no other surving relatives after the estate will go to the state. If you want to challenge this then you stipulation to get in touch with a legal representative asap. If there is still some of your property in the house then again you will own to get in touch with the authorities (coroner) and insist on them of this and you will have to be able to prove that the property is yours or you will not get that wager on either. this link has some info on dying intestate (no will) - http://www.whitingandpartners.co.uk/content/dying_intestate.htm
