Asked by Zinziswa Ngodi on 05-03-2024 19:34:51
Question posted in the General Law category relating to Eastern Cape
My Father passed on in 2020 without a will, he had bought a house months before my mother died..his first wife. 10 years later he remarried in community of property and there was said to be no will when he died. He has built a second property for my step mom before he died. Now the stepmom is demanding both properties and kicking us out of our home, me and my siblings and grandchildren of the deceased. Her lawyer is claiming that in virtue of her marriage and the interstate succession act she is entitled to everything, and the heirs or us have to leave with nothing and also be evicted from our home. The estate lawyers were never transparent to us about the administration of the estate and no communication was made with us, we just received a letter stating that they are finalising the estate and they had laid the L&D account for inspection in 2023 with no objections. We had no idea that his was happening hence we did not object and there is no record of this on the estate notices from the Government Gazette or the newspapers. The executor, who is the stepmom had also listed false assets on the account.what can we do as the deceased's children? Does the law take away everything from us in virtue of these laws? Can we try to fight for anything or how do we oppose this process and this false informed account?
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