Hi I want to find out something. My fath...

Asked by ElsieS on 20-10-2020 09:18:06
Question posted in the General Law category relating to Limpopo

Hi

 I want to find out something. My father passed away last year Ocktober. He left a will that state that we (children) gets everything.  There was a woman staying with him at the time of his death. They were not married. Can she refuse to give us our fathers stuff. I am the executor of the estate with assets. She doesn't wants to talk to me at all. 

He also received pension every month when he retired from work. Now she gets the money. My father did not made her beneficiary to receive the money. She wrote a letter after my father died to the pension fund and says that she is financially dependant of my father, but she still receives her late husbands pension as well as SASSA pension. So my question about the pension is , can she get my fathers money also. She was not financially dependant of my father. Her money was more than my fathers pension. Is it legal what she did.

ELSIE SMITH

078 103 4541

Answer to the Question

Posted by Att. Patrick on 21-10-2020 15:03:11

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

As the executor, you NEED to take control of your late father's assets. You need to physically go there and take control of the assets and deal with any other property in your late father's estate. 

If he died, then the pension must stop. You need to advise the pension company otherwise they will have a claim against the ESTATE for a refund of the pension payments. By letting them continue making payments to the lady, you are putting the estate at risk!

If there was a life policy which pays out on death, this lady might be financially dependent!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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