No Will & Solicitor

D

DebeK

Guest
Hi, this is my first post.

Regarding no will and a hiring solicitor. Short version - I was married for 4.5, with no children together and my husband died of a self inflicted injury the beginning of last month. Husband had an ex-wife and 4 children together. Though the children had been to the house, my first meeting with the ex-wife was at the funeral and we got on fine. A friend of husbands has taken on role of mediator, been a huge help with fiances involving funeral and generally taken over getting things done - bless him. He advises me to use a lawyer that is known to ex and that she would be comfortable dealing with. I am fine with that, though a friend of mine feels the solicitor might look after her interests before mine. My only concern is that things are done in a fair manner and his children get whatever is due them.

My question is, would most solicitors be fair in relation to this type of scenario? Anything I should be concerned with?

I am from the USA and have only lived here a couple of years. I have a very limited support system here and the whole legal process is still confusing to me.

Thanks for any help!
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Unfortunately where money and property are involved, trouble is rarely far away.

Whether the solictor is known to ex or not should not matter as your solictor will deal with ex's solictor. If you do choose a solictor known to the ex, ascertain whether there might be any conflict of interest at the start.

You should absolutely retain your own solictor as opposed to sharing solictors.
Ask around for recommendations and choose one with whom you feel comfortable.

And always discuss and agree costs up front.
 
Sorry to hear of your loss. I agree largely with romulan's post, but a solicitor cannot be retained by two clients, AFAIK.

What ages are the 4 children, adults or minors?

When were they divorced, what solicitor acted for your husband, what agreements and property settlements were made and do you have copies of these? (you would have needed his divorce decree(s) to get married; they might be together).

In whose name is your current dwelling house / family home registered? Is there a mortgage in place and whose name(s) appears on the mortgage documents? If there is a mortgage, has this been discharged by a life policy with the mortgage company as beneficiary or might the unfortunate circumstances of your husband's death militate against that?

What's the story with this mediator? He is mediating between what parties, for what purpose and who appointed him? Is he a professional lawyer / mediator or a well-meaning although possibly ill-informed amateur?

While intestacy is not necessarily an adversarial situation, I feel you need to get the best family law / intestacy lawyer you can to represent your interests. I believe, as a matter of urgency, you need to be appointed the sole Legal Personal Representative of your late husband in order to guide the intestacy through probate to administration, thus ensuring at first hand that everything is done as your late husband would have wished.

BTW, just a not of caution - be careful if any detail you post might lead to you being identified.
 
Thank you both for your responses.

Children are 19, 18 (twins) & 13.

The family home was awarded to the ex in the divorce decree and we had lived in rented house. It would seem that is straight forward. I have a copy of the decree.

The mediator is a amatuer, just trying to help out. He took it upon himself and I feel it has been a huge burden on him, but do not feel he is trying to mis-lead anyone. I am sure he is not aware (nor was I) that a solicitor cannot be retained by two clients.

Thank you again.
 
Hi Debek, I'm sorry for your loss. Did you husband have any assets? You may not need a solicitor if the estate consists of very little.

Under intestacy rules the children are entitled to 1/3 of the estate and a spouse 2/3.
 
My husband's only assets were from his pensions, so his estate is not large. I was hoping to be able to get by without a solicitor if at all possible.
 
Pensions may not necessarily be an asset forming part of the Estate as such and can sometimes pass instead to persons nominated by the deceased during their lifetime. In any event, I know people are well meaning on this forum and the others involved such as the mediator but there are too many complicating factors here, such as intestacy, ex-wife, value of estate, chilrens rights, etc to be relying on these people for definitive advice/guidance. Without doubt you need to talk to a solicitor.
 
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