Good Day, So my late mom, my dad, sister...

Asked by Tiffany on 04-03-2021 17:50:48
Question posted in the Property Law category relating to Western Cape

Good Day, 

So my late mom, my dad, sister and myself have been living in my late grandfathers house for years now. When my grandfather died my grandmother inherited the house as they were married in community of property. My grandfathers will however was not signed (intestate). 

When my grandmother died she put in her will that my mother should get the house and that the  house must not be sold. This will was signed.

My mothers brothers are adamant that they want their inheritance money from the house. They want to sell the house while my family and I are still living here (my mom inherited the house right).

So now they are forcing us to pay them their inheritance out since my grandfathers will was intestate. 

The lawyer we are in contact with has drawn up a deed of sale in order for us to get a bond in order to pay them their inheritance out. My uncle however refuses to sign the deed of sale. (They will not be getting the full amount of the houses value since my mom inherited my grandmas half)

Now I am not trying to fight the law here but my problem is that I recently started working (I am only 24 and at this point, considered entry level). I have a 0 credit score and have only been working for 2 months now. I also have student loans on my name and have been declined a bond. 

My sister on the other hand is unemployed and struggling to find a job. My father is retired.

I.e. I am really currently not at means to pay the money. 

Now the problem is that my uncles are pressurizing us to pay them their money. They are not at all interested in waiting , they want their money now. This has been giving me sleepless nights and has been stressing me out to the point where I feel like dying. (I really don't know what more I could do).

I'd just like to know what mine , my sister and my dads rights are. Because my mom died so my dad should inherit her estate. My grandmothers will was clearly signed. So surely it cannot be ignored.

Once again I am not trying to escape the situation, I just want to be sure of what our rights are. 

Thanking you in advance.

Answer to the Question

Posted by Att. Patrick on 07-03-2021 12:14:27

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.

I don't understand why your mother thinks that she needs to give her brother's a share in the property! If her mom left her the property in her Will, then the property belongs to your mom!

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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