ExH died intestate

[badgerread]

My ExH suddenly died recently, we divorced in 2012 and have two DS 14 and 10. According to his partner (who I don't have a great relationship with) he died intestate, they were not married and have no children. I have been advised to lodge a caveat with the probate office which flags up anyone trying to make a claim on his estate as the children would be his beneficiaries. Him and his partner bought a house in 2018 and I think she may have to sell, does this mean the children would be entitled to half the equity?

I am a bit overwhelmed by it all and am panicking about how to support the children in the future. I work full time and he used to pay £436 a month maintenance which obviously helped an awful lot. There is currently a inquest taking place as sadly he committed suicide having had mental health problems for a number of years.

You need to talk to a lawyer. You children would certainly be entitled to all of his estate if he didnt have a will and if he wasnt married as they will be his next of kin. If you don’t get on well with the partner, you cant rely on anything she will tell you or do.

Yes his estate goes to his nd your children he is not married and has died intestate . You need see a laywer and get them to file for letters of administration asap..

Who the house will go to will depend entirely on how it was owned. If they owned it as joint tenants, then the house automatically goes to the other owner - to her. If it is tenants in common, then his share of the house goes to his beneficiaries, his children. His other assets (bank accounts, cars, etc) go to his children.

Many private pensions have a specified person who they are left to. Depending on when he set that up, it could be you - if he didn't change it post divorce; your DC - most likely, as that is what he would have changed it to post divorce; or to his new partner.