Question posted in the Family Law category relating to Northern Cape
Good day. Am in a situation right now, what i need to know specifically is that if my mom has a case advantage or can atleast contest this following matter successfully or atleast get fair outcomes out of this.
Situation: My mom is a single parent, mother to his late Son who has worked for the diferent departments in his life time, died a month ago and now has left inheritances but now the ex-girlfriend, never married at all only dated for several years, my nrother share two kids wth her, today she wants to inherit almost everything of my brother and exclude my mom out of everything left by my brother.
Yes my mom appears as a beneficiary to some insurance and 1 life cover. The kids of my brother are also covered on their own. And my other sisters also my brother had made beneficiaries on some insurances amd also this ex girlfriend.
The ex girlfriend was not staying with my brother for over 8years my brother has been sick having epilepsy and going in and out of hospital and my mom she been the caretaker an living fully wth him, my brother was paying successfully his bond house and assets however he was not staying in that town house because of their separation with the woman, he left her for some years wth the kids but continued to pay for them, at some point the woman got some other partner and took half of the things in the house and moved into that other guy's house, she took most the belongings on the house and ever since my brother went home leaving everything dt was left like, couches, fridge, 1bed and tv in the house. He went to stay with my mom and sisters and they have been taking care of him over all those years while her ex girlfriend was with another man that now recently before my brother died the woman was payed for lobola by another man(current boyfriend) my brother didn't have any girlfriend or someone for all that period, he was suffering depression and going through hard time while his ex girlfriend had moved on... My mother has been there for all those years and he died at home infront of my mom while the ER24 couldn't revive his brain.
Now the ex-girlfriend of my brother she's back in the picture, yes she is a beneficiary in some insurances and life cover of about 200k and others. Now she intends to take the house and the 1car my brother had left and everything to her self and leave my mom with nothing and obviously stay with another man in my brother's house which is her fiancee currently.. However my brother had told us dt he wanted to remove her on some of his belongings after the separation and put kids and my mom, because of his medical conditions he never did some and died while somethings were never done.
My brothers son is around 17years old and the girl maybe 8years. The girl child was never introduced officially to my mom so up to today my mom doesn't know if the girls child is my brothers too or not.
So what i want to find out is if my mom has a case to contest her in court successfully and what are the chances?
My mom intentions are that everything be shared to the kids and fix other money untill the kids grow old but she really against the ex girlfriend intentions.
Message from the Attorney
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
If your brother died and he had children, then the children will inherit everything - if he didn't leave a Will.
If he did leave a Will, then the Will applies and whatever is said in there applies.
If he didn't leave a Will, then his children get everything. Nothing to the mom. Nothing to his brothers/sisters.
Because he never married the girlfriend, she gets nothing.
That's just the way that the law works.
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.