Dads death

[Notveryhappy]

My brother And my father died the other day. We weren't close to him. He had a lot of money, but has never Paid us maintenance.
My mum and him weren't married, but did live together until I was 7, then we left as he used to hit her amongst other horrible things. In his first marriage before he met my mum, he had 2 sons. They are obviously now in charge of his finances.

Would it be worth going to court to get money we're entitled to, or would it be a waste of time? Are we legally entitled to anything??

[woofgang]

If he didn't leave a will then you might be entitled to something under intestacy law. If he left a will and you aren't in it and his death hasn't monetarily affected you..ie he wasn't supporting you then sadly no you aren't entitled to anything.

[ubasses]

http://www.adviceguid...ules_of_intestacy.htm
The above gives you information on intestacy. If he left a Will it will be difficult to challenge it as long as he was of sound mind when it was drawn up

[fluffyblond]

Hi, first of all sorry for your loss, even if you weren't close it must have been a shock.

First of all is there a will, if there is then you need to find out who the solicitor is taking care of his affairs, then find out if your in the will, you maybe in it. If not you can try to contest it, but very few people are successful in doing this, and it costs a good few thousand pounds,

If there is no will, was he married? Or was he living with someone for more than 3 years, if not then you most likely will get something if not most of it.

[factor-fiction]

Did you mean to say that both your brother and your father died last week- or was this a typing error?

[Stu Dent]

Where did both of the deceased reside?
Did they die together? If so, do we know who died first?

These questions are very important. More important than 'was there a will'.

In many jurisdictions a will is only truly effective when it is dealing with land or buildings (heritable property). But cash, savings, investments, cars etc (moveable property) is less watertight. Dad can test that Tom and Dick get all my moveable property and "disinherit" poor old Harry. But some jurisdictions say that Harry may be entitled to at least some of dad's estate - irrespective of what the will says.

My advice is for you to consult with a lawyer. You can usually get 30 minutes of free assistance and that will be enough to give you a much clearer picture of where you should stand - whether there is a will or not.

[dotty.]

is his name on your birth certificate?

[PipinHull]

Factor I wondered that but think the OP meant 'my father (and my brother's father)' died last week. Not that both of them died. Like 'mine and my brother's father'