My ex husband passed away in June. Our d...

Asked by Denise on 01-09-2021 15:11:35
Question posted in the Family Law category relating to KwaZulu-Natal

My ex husband passed away in June. Our divorce went through in August last year. The death certificate still shows married, Im convinced it's just that home affairs has not updated things on the system, I have no intentions of claiming anything. However, I am extremely concerned about my son's rights. We have only 1 child together. He did not leave a will. His family, sister and parents have started a huge fight about my son's dad's estate. He has a household of furniture and personal belongings that my son would love to have. He has a vehicle and motorbike and a flat (which his parents reside in at the moment). The flat is not paid off as far as I am aware.

Is my understanding correct in that everything will now go to our son, and be put into a trust for him? Or do any of the family members have any claims to the estate what so ever?

If things are to go to our son, is he allowed to keep the vehicle or motorbike as he is only 15?

This stressed out mum would really appreciate some sound advice and be able to put my sons worries to rest. 

Information Requested by Lawyer

Posted by Att. Patrick on 02-09-2021 12:07:21

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, even if it is R150 or R200.

I think that it is just Home Affairs which has not updated their records. I would not worry. 

If your ex-husband didn't leave a Will, then his entire estate will be left to his child/children.

Any money will be paid over to the Guardian's Fund to administer until such time as your son turns 18.

Att. Patrick 

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