Good day,My mother passes away in 2015, ...

Asked by the Customer on 15-05-2020 12:06:51
Question posted in the Property Law category relating to Gauteng

Good day,

My mother passes away in 2015, she was married in community of property. She didn't have a will.

Not my step-dad wants me to leave the house, he says he has letter of authority and I'm old.

He also says he wants to sell the house.

Do we stand to gain anything at the sale? Did we deserve a share in pension fund when my mother passed?

You response will be much appreciated. 

Confidence Motsepe 

Message from the Attorney

Posted by Att. Patrick on 16-05-2020 21:19:21

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 Mom was married to your step-dad in community of property, and she died intestate (without a Will) then your step-dad will inherit some of her estate but her children will also inherit some of her estate. 

It can be complicated, but your step-dad does NOT just become the owner of the whole of the house. 

You need to go to the lawyer who is dealing with your Mom's estate and ask them to advise you of what you inherit. 

If there is no lawyer, you need to go to the Master's office and be appointed as the Master's Representative and you need to them appoint a lawyer to assist in the winding up of the estate. 

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.

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