# No will - not married, 1 child (rights of child)



## Kgal (29 Jul 2011)

Hi,
My ex partner is recently deceased and there is no will. We have one son. He provided maintanence through a court order every week and never missed payment. I have since remarried
 He has a house but I believe this may have debts against it. 
His parents are predeceased. And he has 1 brother (along with Aunts ,uncles,cousins etc) At the funeral his brother seemed annoyed that my son wanted to go into the house and claim some bits as a reminder ( little things a child would like of no value) as we live a good distance away, I also felt these would be taken by other family members if we didn't. His brother has a key, he however lives at a different location with his partner. No one mentioned about what would happen to the property now,and I didn't want to bring it up at the funeral as I have little contact with them and thought better of discussing it with them. But I am concerned it is idle. I have an appointment with a solicitor next week. But what should I expect? Should I ask his brother for a key and see will he refuse me? 
 My ex was killed in an accident( he was a pedistrian)- the driver was not at fault and my ex was drunk at the time of being hit, What will the solicitor say about this? Will I be able to claim anything through the drivers insurance for the death as away of continuing support for my son? I feel guilty even asking this so soon, but I know these need to be answered as I want to ensure all is done right by my son for when he's older and he asks.
Thanks Kgal


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## Padraigb (29 Jul 2011)

It looks to me as if under the intestacy rules, your son inherits everything. I infer that he is quite young, and you might see it as your duty to look after his interest.


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## 4th estate (30 Jul 2011)

What if the child was adopted within the poster's recent marriage? She said she had recently remarried, and I suppose it is possible. Would that extinguish the child's right to inherit everything from his biological father on intestacy? 

I realise that for CAT purposes a child can get the Group A threshold from adoptive and biological parents, but I am asking about automatic rights under intestacy in respect of an adopted child - can they inherit under intestacy from a biological parent?

Just wondered.


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## beffers (30 Jul 2011)

Doubt if he was adopted by his stepfather. Why would his father sign away his parental rights to his son (which he would have to do for him to be legally adopted by another man) but carry on paying child support for him?

Doubt if you can claim against the drivers insurance company. If he was not deemed to be at fault, or had charges pressed for speeding or reckless driving, why should they have to pay up or the driver penalized?

With all due respect, I think that your wanting to enter your ex's home for your son to take some of his things at time of the funeral, may be looked on by his family as being a tad insensitive. The grief and shock that they must be feeling at that time must be staggering. While you may have ended your relationship with your ex, had no relationship with his family, had to travel a long distance for the funeral etc it probably made perfect sense for you to do it then. But try to look at it from their point of view. The just lost a brother/nephew/cousin. Give them a bit of time and space before bringing up who gets what, even if your son is probably entitled to the lot legally. 

Regarding your ex's estate, do you intend to apply to the Probate Office for Letters of Administration to deal with his estate on behalf of your son, his legal heir? Or do you plan on letting his brother do so as your brothers next of kin, who is of legal age? 

Perhaps you should give the Probate Office a ring, and find out from them where you stand & who is most likely to be awarded Letters Of Administration. If it is likely to be the brother, then no, he does not have to give you a key. If it you, then you are the legal owner of the home as the probate process is being dealt with, and you are entitled to be given all keys to it. You will also have the responsibility of of dealing with the house, its contents, bills associated with it, the banks, all debts owed by your ex etc etc. It may be a lot of work, but at least you know that you did right by your son if you have valid reasons to suspect your ex's family of doing something shady with his personal possesions. However, they may have a sentimental attachment to the same things that your son has. It could all be totally harmless, and a little bit of time could ease any hard feelings felt. Best of luck to you. It is a tricky situation, no doubt about it.


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## Kgal (3 Aug 2011)

Hi, thanks for the replies. It's all very tricky indeed. Just to clarify a few things, he isn't adoped by my husband, and if he was he would not be entitled to anything. My ex paid maintanence everyweek as I said in my original post (something if he was adopted he wouldn't have been doing) and he always had regular contact with him. Beffers, his brother offered to let my son into the house to take stuff(it was just his cousin had the key and knew things would "disappear" if the child)and when I said nothing of any value my son (who is 9) I mean exactly that-a jersey & ball! I doubt anyone would see that as insensitive!!!! Unless they completely don't understand children, He was extremely upset and asked could he have it! If my own brother passed away and a child took a ball & jersey away I doubt I'd even mention it. I am only doing all this so as when my son is older and asks I can look him in the eye and know I did it all right, we certainly wouldn't take on this hassle otherwise. My ex & his brother wouldn't have been the closest, they are step brothers (although grew up together).
 Regarding Letters Of Administration I have an apt with my own solicitor tmw so I will hopefully find out more. I don't want to do anything that would cause bad feeling or do anything that isn't right. Thanks again for the replies!this definitely highlights the need for a Will!


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## Bronte (4 Aug 2011)

You haven't done anything incorrectly.  And you do need to sort out the legalities in relation to your son's inheritence.  If the house is in negative equity then it is worthless to your son.  Maybe his father has life insurance to cover the mortgage, also maybe his work has a pension that your son will be part entitled to some payment from.  Try and stay amicable with his family who are also grieving.  At the end of day your son is their relation too.


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## Kgal (5 Aug 2011)

Well I met with the solicitor and yes my son is sole beneficiary. So we are goin about the legalities of that. I will be the Administrator of the estate being the guardian of my son. I wish it was as simple as staying amicable with them.(Once they realised he is benefactor they've started getting nasty) I have no desire to start any dispute. My only aim is to ensure all is done correctly and with the least hassle to all concerned. Luckily there is no mortgage on the property.  But there are some debts .I am sure it will all take time to sort out  but thanks to all replies here for being my sounding board  Its sometimes helpful to hear how others view the sceanrio.


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## Padraigb (5 Aug 2011)

It's a sad fact that people who are disappointed in their expectations of inheritance often turn nasty. I don't know if there is much that you can do about it. Obviously I don't know the people, and I don't know what relationship they had with your son before the loss of his father.

Don't blame yourself for starting any dispute: the law is as it is, and you didn't make the rules. And you have no power to change them, because you are legally committed to defend your son's interest.

It would do no harm to tell your former partner's people that neither you nor they have any choice in these matters, and to remind them as tactfully as possible that your son is a member of their family. I'm not sure it would do any good, but it's worth trying.

Hang in there, and don't feel guilty: you are doing it for your son.


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## Bronte (8 Aug 2011)

Kgal said:


> . But there are some debts .


 
What kind of debts?


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## Kgal (10 Aug 2011)

Thanks Padraigb, I've tried that and I ended the conversation on a positive note from me- that I would like contact to remain for my son & my door is always open and that I will communicate what I know and what is happening with the property. That way at least I know that I will have had no part in any nastiness . Bronte there is  a judgment against the deceased and these are showing on the land registry. Therefore property will be sold and any debtors paid. And the funeral costs etc will need to come out of the estate also. Thanks again for the replies


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## flattea2 (10 Aug 2011)

Best of luck with it. Remember you've a duty to do the right thing for your son and your ex-partners relatives would be doing the same if the shoe was on the other foot.

All you can do is act with honesty and integrity through it as indeed it appears you are already doing.


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