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Question
Posted by: nm | 2010/11/16

RE:154 MAINTANACE

Hi i ask about how should i claim for estate of my son late father u said u will ask the ask the college about the process can u please find out for me

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Our expert says:
Expert ImageFamily law expert

The child has a claim against his father's estate, which enjoys preference over other claims against the deceased’s estate.

Bertus Preller
Family Law Attorney
Abrahams and Gross Attorneys
www.divorceattorney.co.za
bertus@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/11/20

The child has a claim against his father's estate, which enjoys preference over other claims against the deceased’s estate.

Bertus Preller
Family Law Attorney
Abrahams and Gross Attorneys
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert
Posted by: FIO | 2010/11/17

So you will then get according to nomination. Staying together does not mean anything if you were not married, under the old system you could claim for yourself through common law spouse or partner, but not anymore.

Re your child, you need to approach an attorney to claim maintenance from the estate according to what the estate can afford etc. The attorney will deal with this. being married or not married has no bearing on maintenance claim for a child. All that is important is that he is/was the biological father, and therefore responsible for maintaining his child. Now the estate must assume that responisibility.

Reply to FIO
Posted by: nm | 2010/11/17

yes we were staying together in the rented room and financially depending to him. he didnt have a will but a have a copy of a form of nomination of beneficiary from his company that he signed last year they (actually filling this form ony on december maybe if u want to change ure beneficiaries)which he nominated myself ,his son from previous relationship and her mom. that time i was still pregnant my baby was born on february this year .

Reply to nm
Posted by: FIO | 2010/11/16

Me is correct. First check the will, and who the beneficiaries are. If you are named as a beneficiary, then you can claim what is provided for in the will. You can also claim maintenance for your child from the estate. You probably will not be able to claim for yourself as you were not married, and there is no obligation on the part of a boyfriend to maintain a girlfriend, mother o fchild or not. The child is the one who can claim maintenance.

Reply to FIO
Posted by: mel | 2010/11/16

ok first thing??
Did your boyfriend have a will?
If not both you (if you were living together, and your son)will be able to inherit intestate if he had a will the money will be paid to beneficiaries, but you can make an application against the estate for maintenance for your son, the court will set out the conditions and if granted you will recieve a monthly maintenance amount out of his estate, unfortunetely the same goes for his other child...

Hope this helps

Reply to mel
Posted by: FIO | 2010/11/16

I have a meeting this evening, so will find out then.

Reply to FIO

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