by Hache  25/06/2005  1566 Page Views
0 Comments  Wills, probate, letters of administration, powers of attorney

Hello,

My girlfriends partner of 12 years, pasted away two weeks ago (they lived together).  He was married before and had two children to his first wife, who are now 30 & 27 years of aged.  He did not devorce his ex - wife but has been seperated for 13 years.  They had a business together and she continued to work there after they seperated.  He died just two weeks ago after he fought with cancer for 18 months.  My friend cared and looked after her partner, right to the end.  He told her that he would look after her but it seems he didnt put this in his will.  So to start with, I will put it simple as i can. 

He gave her a life with fine things by providing a house, a car and gave her money when she needed it, he supported her in their relationship.  Before I go on, the type of cancer he had was lung cancer and he also developed numerous tumors in the brain which where also cancer, when he made his will, wondering if this may have affected his descission.  Anyway after his passing, his son has sold one of the cars the next day and paid the money into the business and intends to collect the car my friend drives and sell that too.  He also is putting the house on the market (a house they brought together but her name isnt on the title), and upon sale of the house it will be split evenly three ways between by friend and his two children (house worth 320,000, but has mortgage of 140,000 - i estimate after fees she will get about $50,000).  His children and ex-wife get his business, which is worth over a million, a insurance policy on his life which is worth hundreds.  A short time before his death he brought a holiday apartment which is worth $200,00 with a mortgage of 160,000 and had my friend sign papers which put her on the mortgage and she now has to pay a mortgage without a an income. 

So what I am asking is what are her entitlement, she loved and looked after this man for 12 years, she doesnt want the business but thought he may have looked after her alot better than leaving her in debt.  He children and ex-wife are trying to screw her and I see and feel its wrong.   He wasnt even cold and they are kicking his defacto wife out of the house.  Mind you they didnt look after him and clean up after him while he was sick.  I saw my friend go through hell, and his illness was hard on her. Thought the family would look after her by at least giving her the house and a car.

Please help with some advise and what she can do!

Regards Hache