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Question
Posted by: elle | 2010-07-20

Death in family

my dad died intestate with a wife and 3 children. the wife - who is self appointed executor, is taking ha.lf of the estate as well as R125000. This is not the law as i understand it. The lawyer /administrator is no help.
Is her share accurate?
Who can i go to for help?

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Our expert says:
Expert ImageFamily law expert

If a person does not draw up a Will his/her property will be divided amongst the spouse(if living) and all children.

If the person was married In Community Of Property and the totall Estate is R125 000.00 or less, the surviving spouse usually inherits all the property. If the property exceeds R 125 000.00, the balance over R 125 000.00 is divided equally between the spouse and the children.

Where there are no children , no parent, no brother or sister, the surviving spouse inherits the whole Estate.In this sitaution,if there are grandparents, aunts, uncles, nephews or nieces, they would not inherit. If the deceased's children have predeceased him , the deceased childrens' share will go to their children in equal shares. Where there are no children nor surviving spouse, the deceased's p[arents would benefit.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: family law expert | 2010-07-21

If a person does not draw up a Will his/her property will be divided amongst the spouse(if living) and all children.

If the person was married In Community Of Property and the totall Estate is R125 000.00 or less, the surviving spouse usually inherits all the property. If the property exceeds R 125 000.00, the balance over R 125 000.00 is divided equally between the spouse and the children.

Where there are no children , no parent, no brother or sister, the surviving spouse inherits the whole Estate.In this sitaution,if there are grandparents, aunts, uncles, nephews or nieces, they would not inherit. If the deceased's children have predeceased him , the deceased childrens' share will go to their children in equal shares. Where there are no children nor surviving spouse, the deceased's p[arents would benefit.

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