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Question
Posted by: Anon | 2010/06/04

How to get info

I was divorced with 3 kids. My children''s father passed away in 2008. he left everything for his wife.
She still pays maintenance, but thats all. he left a business that is doing well &  there were policy''s that paid out. She has a very lavish lifestyle since his death, while I am getting R5000/month for 3 kids (School &  medical aid included) .The estate is worth almost nothing - and the kids were not even mentioned in the estate as an expense anyway - everything is in trusts. Where &  how can I know how much my ex really left &  make sure his children also benefit as I am sure that was the intent. She is the executer &  trustee''s and does not want to disclose information to me because " it has nothing to do with me"  according to her. Pls can you give me direction where to go.

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Our expert says:
Expert ImageFamily law expert

The Estate's information at the Master of the High Court is open to the public. Go to the Master's office in the area where your ex lived at the time of his divorce, by quoting the date of his death or his identity number will enable you to have sight of the file at the Master's office. The Will will also be in the file, so to the Distribution Account. In the account you will be able to see who received benefits from the estate. The children certainly have a claim against the estate for maintenance of in the event that a trust was created in terms of the Will then surely as beneficiaries they will have a right for maintenance and increases etc. Best is to consult an attorney to assist you.

Bertus Preller
Family Law Attorney
KWJ Inc.
info@divorceattorney.co.za

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.

3
Our users say:
Posted by: family law expert | 2010/06/19

The Estate's information at the Master of the High Court is open to the public. Go to the Master's office in the area where your ex lived at the time of his divorce, by quoting the date of his death or his identity number will enable you to have sight of the file at the Master's office. The Will will also be in the file, so to the Distribution Account. In the account you will be able to see who received benefits from the estate. The children certainly have a claim against the estate for maintenance of in the event that a trust was created in terms of the Will then surely as beneficiaries they will have a right for maintenance and increases etc. Best is to consult an attorney to assist you.

Bertus Preller
Family Law Attorney
KWJ Inc.
info@divorceattorney.co.za

Reply to family law expert
Posted by: family law expert | 2010/06/19

The Estate's information at the Master of the High Court is open to the public. Go to the Master's office in the area where your ex lived at the time of his death, by quoting the date of his death or his identity number will enable you to have sight of the file at the Master's office. The Will will also be in the file, so to the Distribution Account. In the account you will be able to see who received benefits from the estate. The children certainly have a claim against the estate for maintenance of in the event that a trust was created in terms of the Will then surely as beneficiaries they will have a right for maintenance and increases etc. Best is to consult an attorney to assist you.

Bertus Preller
Family Law Attorney
KWJ Inc.
info@divorceattorney.co.za

Reply to family law expert
Posted by: Sal | 2010/06/07

If there''s a maintenance order in place the maintenance court will make a claim against his estate and it should be paid out in a lump sum, if they were mentioned or not.

Reply to Sal

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