my parents are divorced,he had a girlfriend.im an only child (32)he died recently,with no will,who inherits?

Question

This is in Scotland so will come under Scottish law,where ther is not such a thing as 'common-law'.The car was his,the house was hers and although he's been staying with her around 2.5 years he never officially 'moved' in with her.After his divorce from my mum he had moved in with his mum so officially he still stayed there wth his mother.I'm not looking to try claim anything of hers,but think she's trying to claim off my father.Was wondering what rights she has over myself? Thanks

Answer 1

i'm no solicitor but i expect u'd have to split it- if u take it to court u'd probably get more.

Answer 2

Alright, fun one. You father has died and was legally divorced at the time. What will happen is that his assets will be liquidated to cover any outstanding debts he may have. Ultimately this means that the house, if it had an outstanding balance will be sold. Most likely auctioned on property to speed the process. This may also mean (that in today's market) the value will not be what it may have sold for normally. The remaining assets are also liquidated. As the sole child with and adult, you should see all of the assets after collections returned to you. It may not be necessary to liquidate everything if the total amount of liquid assets (such as bank accounts, stocks, bonds, mutual funds) surpasses the outstanding debts. His girlfriend, if no legal document can be found and no intent can be provided that his intentions where marriage or a common law marriage cannot be claimed, should receive nothing from the estate.


I'm going to remove myself from the answer as I have little awareness of laws outside the US.

Answer 3

You wouldnt be able to claim off the house.
In scotland, as far as I am aware, children are entitled to 1/2 the moveable estate of the deceased whether there is a will or not.
If you are the only next of kin (which I assume you are, being an only child) then you would be entitled to everything.

Answer 4

why don't u just call to any lawer from the phone book and ask? u will pay only phone fee. also one hour of consultation isn' t that expensive. in my country it is only 100-120 euros per hour. one hour will be enough.also im sure if u try to find hard enough there is scottish law internet pages. anyway, by common sense it feels like she has nothing to do with your father officially. u probably the only heir, but im not a scottish lawer. good luck

Answer 5

Sorry for your loss. Tricky, but basically you are his next of kin unless he stated otherwise. His girlfriend may be able to prove they were living as commonlaw man and wife and might be able to claim a half share. Anything they bought together is half yours unless there is a survivor inheritor clause in the insurance (just for property really). Best advice is talk to a lawyer.

Answer 6

If he and his partner were living together the first problem you'll have is identifying the constituents of his estate.

Did they share a car, if so who paid for it ?

Did they own a house, if so who's name(s) was it in and who paid what of the household bills ?

Is there any life assurance, if so who is named as the benificiary ?

Were any bank accounts in your fathers name or joint names ?

Were any other investments in your fathers name or joint names ?

I think you inherit but you'll probably need the advice of a solicitor to make your claim on his estate.

Answer 7

confident, honestly! we inventory our ancestor's DNA or genetic coding! alongside with that come fears, ailments, intelligence, etc... I even have self belief we learn the habit besides and definitely polish it so nicely it shimmers. it somewhat is as much as us at this element to launch ourselves of this inherited concern. concern retains us from residing in the present. Saturday, i became into babysitting 3 infants. a protracted time 4, 3 and a million. the toddler might cringe whilst the oldest newborn startled her and whilst the three 3 hundred and sixty 5 days previous cried. She even flinched whilst the canines might bark. This took me returned to my own childhood because of the fact i became into the youngest with 2 older brothers. concern might improve into greater desirable in the order of the siblings or it in basic terms consistent with danger expressed in a different way for each newborn. This probably provides yet another dynamic to this question. I do have self belief concern became into so often utilized in my existence that it led me to my preliminary awakening. the phobia brought about lots suffering that I reached a element of no return. I might desire to assert that projected concern, inherited concern and annoying concern can catapult one into expertise somewhat on the instant besides as trauma. Peace my beautiful buddy. Mudslinger.. (((Kasey)))

Answer 8

The common law marriage may come into it....I would say you but may have a fight on ur hands if they were together for quite a while. Good luck.

Answer 9

the state

Answer 10

You do as his only heir. It's all yours unless some other child comes out of the woodwork. But it's all yours.

Answer 11

You do ,your his only heir i would have though. Unless he bought a house with his girlfriend ,then she would have a claim on his estate !