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Legal matters

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DH died and his ex is suing the estate

17 replies

thebluewidow · 12/06/2019 10:28

DH died a few months ago. It was sudden and unexpected, and we had drafted but not finalised a will so he died intestate.

DH divorced over 10 years ago. It was a clean-break. There are two children from the marriage that he was paying maintenance for. The divorce was incredibly acrimonious. His ex was diagnosed with psychosis at the time, and was totally convinced he had done things he hadn't, and even when she'd been told by police etc that it wasn't true, kept bringing cases against him. This went on until the judge said he'd fine her if she brought another case. It drained DH financially to have to defend himself against multiple unsubstantiated allegations. This is not the only time she has behaved like this.

So she's incredibly litigious, and can have an utter conviction that something is true even when there is evidence to the contrary. At DH's funeral she was insisting on asking his old colleagues there if he had any pensions at their companies, and badgered me for my solicitor's details so relentlessly I had to ask her to leave. Now she has contacted my solicitor stating she intends to sue the estate for the same amount of child maintenance as she was receiving before he died, plus university tuition costs for the future (children are in their early teens). She is convinced he has multiple bank accounts and that I am sitting on a minimum of half a million pounds in investments, plus house equity and savings belonging to him. She has written to the solicitor saying she can help to administer the estate as she knows so much about his financial affairs (she doesn't).

The trouble is, she's totally wrong. His estate comes to significantly less than the £250k threshold and his pensions come to about £15k. He should have had much more, but an awful lot went on the legal fees I mentioned (she brought cases against him over approximately five years). He died of an addiction he developed at the time of all the court cases. I had some savings, but he blew all his. I need to get on and sell the house etc., but she has put in a charge at the probate registry to stop me applying for the Letters of Administration.

Can anyone tell me how long she can do this for and if she can bring an unlimited number of claims? I'm worried that she'll wipe out the very small amount of savings I have in legal fees, as she did to DH in the past, or try to claim from my own estate. She won't believe there isn't this mythical pot of gold and will want to keep chasing until she finds it, or is told to stop. Is the burden of proof on her, and can she keep going with this without evidence?

OP posts:
Collaborate · 12/06/2019 10:31

She can't stop you applying for letters of administration. Are you sure she simply hasn't applied for a standing search?

Whose name was the house in? If joint was it held as joint tenants or tenants in common?

ChicCroissant · 12/06/2019 10:34

How has she stopped you applying for probate if they were divorced and you were married to him? On what grounds?

Whywonttheyletmeusemyusername · 12/06/2019 10:35

Wow....she sounds awful. I'm so sorry for your loss. Unfortunately I have no advice, other than I think you are probably going to have engage a solicitor. This is the last thing you need to deal with. Again, so sorry for your loss Flowers

thebluewidow · 12/06/2019 11:06

Perhaps I've got the wrong end of the stick, but a couple of weeks ago she mentioned lodging a caveat at the Probate Registry. Perhaps she hasn't been able to, or perhaps it's a standing search as suggested. I'll try and clarify. She is applying as litigation friend to the children.

The house was tenants in common so I have to wait for it to be transferred before I can do anything further.

OP posts:
merrygoround51 · 12/06/2019 11:13

I am sorry for your loss.
If he left an estate then she is entitled to sue it for maintainence for their children.

Whats your is yours only but anything that is viewed as part of his estate she has a potential claim on.

thebluewidow · 12/06/2019 11:15

I understand that she wants maintenance. What concerns me is the fact that she believes the estate is so much bigger than it is and may keep disputing the actual amount.

OP posts:
Bixter · 12/06/2019 11:22

She can dispute it all she likes but if there's not much in the pot, there's it much in the pot!

Disfordarkchocolate · 12/06/2019 11:39

When I got divorced we both had to take out life insurance until the youngest child was 18, this was to make sure that if one if we died the other could support the children without maintenance. Was this not required as part of his divorce?

ChicCroissant · 12/06/2019 11:44

I think you'd need to check the terms of the divorce to see what was agreed. If she wants to claim anything for the children I think she only has a set time from the grant of probate (about 6 months) so she may have checked whether probate has been granted but I don't know of a way she could block you from applying. Speak to the probate office to check.

Sorry for you loss OP, hardly the time to be dealing with this additional stress Flowers

mummmy2017 · 12/06/2019 11:55

If he named you as a benifitiary of any pensions, they go to you, if not then you get most of it as his wife and children can claim a small pension while at school, not included in the will, and the company will sort it for you .
If you had a joint bank account you get that, nothing she can do about it...
Joint tenants on house, think you get that as well....
Any other accounts in his name, all the funneral bills and bills in his name get paid off from it . Credit cards ect....

Collaborate · 12/06/2019 12:05

Note : an inheritance act claim can be made against a share in a joint tenancy.
OP - you will need some legal advice. Don’t do this alone.

Thursday452poh · 12/06/2019 12:11

She can defiantly make a claim against the estate for child maintenance. When my DH and I were doing our wills he was advised to have a clause in the will giving his ex wife X amount of money for child maintenance in the event that he died. This would then stop any claims against the estate which could then cost more in legal fees.
If DS turns 18 prior to my DH dying then the allocated money would he his, ie for uni etc

TheHodgeoftheHedge · 12/06/2019 12:32

OP I am so sorry that you are going through this. I can't begin to imagine how stressful it is for you.
I can't advise on the legal ins and outs but surely as she has already involved your solicitor, they can answer those questions? I think you really need to spend some time with your solicitor and work out how best to deal with this. I know that sucks and will cost money, but better to spend a little now to try and get ahead of this or at least know what you're dealing with.

Atalune · 12/06/2019 12:36

Can your solicitor not send her a strongly worded letter to dissuade her of her fantasies?

That would be my approach.

So very sorry that this woman is harassing you. Can you get some sort of harassment order put in place?

GhostIsAGoodBoi · 12/06/2019 12:40

Jesus Christ.

She can’t get anything for herself. Divorced with a clean break for a decade means she can’t, surely? Especially as he then married you.

She may get something for child support. But I can’t imagine she’ll get Uni fees paid as there’s student loads to cover those, at 9k a year (currently!) they’re not a small amount of money but everyone is entitled to the tuition fee loan.

She is a cheeky cow. Given her previous behaviour and MH issues Id get a solicitor pronto and get a harsh letter sent out immediately.

Atalune · 12/06/2019 12:54

I would also block her on all devices and cease all contact.

OKBobble · 12/06/2019 13:05

Any person wholly or partially maintained by a person can claim against that person's estate if provision has not been made. We are in similar circumstances so took out life policies to maintain the children during the perios maintenance was due.

Under the terms of the divorce did he agree to maintain them through tertiary education. If so the children may have a claim. So the terms of the divorce is the starting point.

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