My estranged husband died

[Bengal]

Very long story. My husband died just after financial settlement was signed off by judge. A cheque for the agreed amount was sent to my solicitors. My solicitors said that because it was no longer a divorce, I cannot have the money. We asked his father (who is dealing with all the matters) about the will. As we want to know if we can have the money owed to me. He is avoiding letters and not admitting to us that he is the executor of the will, nor will he let me see a copy of the will. So we cannot proceed with it. During the divorce, my ex and his family were doing everything to avoid being fair in a settlement. I have two children that were his and I have nothing form our marriage to support the kids until they are adults.

The problem I have is that fact I have already paid out £1800 just in the inheritance side of this, I had previously spent out a small fortune on the divorce previous to that. I am struggling to pay more out.

I know that legal costs won't affect his parents as it will be coming out of the estate. So its no problem to them to let it drag on. I don't want the estate wasted on legal fees. We cannot even get acknowledgement from his father saying he is the excecutor, so therefore can't proceed or ask if we can have the money in the cheque that was agreed in the financial settlement.

The will hasn't gone to probate either and feels like they are delaying doing that also.

There must be some way to push his father into admitting he is executor, as I am the mother of two young kids and his wife and I can't afford to keep paying out legal fees. I feel his solicitors have got me by the balls.

This has being going on for years and I am at my wits end. I was just wondering if there was some legal act that we can use to get around what feels like a check mate situation.

Many thanks

[Peridot]

Hi Bengal,

Most be a tough time for you. You say the Court had signed off do you mean you had a Court Order stipulating the financial settlement that you had agreed/been awarded, so the matter had effectively finished save for receipt of the money?

If that is the case any award of a lump sum is effectively a debt of his estate and should be paid. Unfortunately any cheque that is not paid in when someone dies is effectively cancelled so that may be the reason. However I am confused with what the solicitor has said that this is no longer a divorce. That would suggest that matters had not been finalised as far as the matrimonial financial settlement was concerned?

This could be complicated and you do really need some further face to face advice I would say particularly if the final order in relation to the finances had not been made. Also you need to consider whether there is any claim to be made against your ex's estate on behalf of the children.

Have you checked if a grant has been issued yet. You can do this here:- https://www.gov.uk/wills-probate-inh...robate-records It may also be sensible depending on the circumstances for you to try and prevent probate happening if you suspect your ex's next of kin may distribute the estate with no consideration given to you or the children. You can find more info here but I really would recommend speaking to the solicitor again or obtaining another opinion if needs be. If you see someone new, do make sure you have all the facts concerning the financial settlement and court order made (if it was) to be able to best use your time with any lawyer you see. Take any paperwork with you.

Sorry I appreciate this all costs money but I would recommend you get some proper advice on what appears to be a rather complicated situation.

[Amethyst]

Bengal Just checking you have seen Peridot's reply xx