has two daughters. Left new car in his name also bank accounts in his name. What are his daughters legal rights
Answers:
If the daughters are next of kin then they get all his assets.
If he was only living with his former partner - no marriage or civil partnership - it's as if he were single, and again the daughters get everything.
Personally I think it's important that they respect the 5 year relationship their father had though.
If they are in the UK im sorry to say that inheritance tax will take most of it.
The person living with him will prob be entitled to something under the fact they lived together longer than 6 months.
When partners Split up even when not married everything is legally distributed equally, Im not too sure how that stands in death.
Sorry to hear about their loss
If the person can prove they where living together for more then 2 years, then the daughters might not get every thing and that person might get a percentage of the assets. And 40% inheritance tax will only be payable if father has over 拢300,000. (Inc property).
the daughters as next of kin have all rights the partner may contest but she would need a damn good lawyer
i think as he was not married to his partner his daughters will get everything. However i would ask myself what my father would have wanted in that he lived and ? loved this person ?.
I knew of a situation where the children did not like their fathers new wife however when he died he asked them to look after her and send her birthday card etc. They followed his wishes because they knew it was what he wanted.
I am sorry for your loss but personally i feel sorry for her (assuming she), she lived with him and her whole life emotionally and practically with be in pieces.
This happened to a friend of mine.
The partner was awarded a third share in the property, the children the other two shares.
The partner was also given the right to live in the said property for the rest of her life.
Upon her death, and then only, the property will be sold, and the assets shared out.
I would assume that if he died intestate (with no will) then the government automatically takes everything. I am pretty sure that the partner will get nothing, though the daughters might be entitled to something.
Best to take legal advice here.
A point to everybody else, it is VITAL to make a will, even if leaving everything to Charity, otherwise the government will take the lot. It doesn't cost much to do and can be done by yourself. I am sure I saw a legal pack for this purpose in Tesco of all places!
Personally I feel the Government has had enough out of me whilst Iiving, and they are not going to get all that is left, once I am dead!
My father had been with my mum for 34 years and had me and my brother.
However he had never divorced his first wife and she was still living in his house (he didn't have the heart to throw her out so he moved in with my mum and allowed her to stay in the house)
When he died without a will his first wife got everything including his house, all his savings and possessions. My brother and I got nothing and we were told by their solicitor never to try to contact his first wife + daughters or even go to his funeral.
I should have got my own solicitor on the case I guess but I was too upset at the time so I let them get away with it.
There are at present no legal rights for a so-called "common law" partner. The daughters, need to apply for a grant of probate. there is no need to use a solicitor, unless the estate is unusually complex.
Under the Intestacy Rules, all biological children and formally adopted children will inherit the estate equally.
However, the partner will be able to make a claim against the estate through the courts assuming they have been "living together as husband and wife" for at least 2 years.
These claims through the court can get very expensive so it is best to try and come to an agreement if a court claim is started. The legal costs usually come out of the estate in these claims so it is in everyones interest to try and sort things out as quickly and cheaply as possible.
If he has been living with someone for five years they will have a claim on the estate as there is likely to be joint property it needs solicitors involving to either come to agreement or go before a court.By the way the name on a vehicle registration document does not necessarily mean that person owns car,it states that clearly on the document usually partners don't put both names on everything but that doesn't negate their rights to joint property .This and all the other things need sorting out legally before anyone takes anything from the estate.
Where did your father live? If it was in the US, the law generally follows the laws of intestate succession, which is dying without a will. The children, whether adopted or biological, will inherit the estate. The girlfriend will have no rights to any property that was just in his name. For my answer, I'm assuming he was not married to anyone at the time of his death.
If he owned property with the girlfriend, then she might get that property depending on how the property was titled. For example, if their home was owned as "joint tenants with rights of survivorship", after your father died, the other person on the title will get the full property. The same with any bank accounts. If the property was "joint tenants in common" she will get her half of the property, and then the remaining portion would be split between his children.
Any life insurance benefits that have a designated beneficiary go to that named person, and are not part of the estate. If the money was left to the estate of your father, it would be subject to the laws of intestacy.
Someone needs to file to be the personal representative of the estate. You can hire a lawyer for this, and those fees will come out of the estate. You can do it on your own, but, unless you are familiar with the laws, it might be complicated
To see how the estate would be divided, google the following:
intestate estate %26lt;name of dad's state%26gt;
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