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Child support from deceased's estate

The father of two young children died intestate, which means that he died without making a will. The children's mother said their father used to maintain them but she now has to do odd jobs to support them.

"I had an affair with my children's father for 10 years, up to the time of his death, but he was living with another woman before I met him.

"He lived with this woman during the time we were having a relationship and she subsequently found out about the relationship and the children.

"Although she found out about us, he did not end the relationship with me. I told him it was best to end the affair but he said he loved me and was not in love with the other woman.

"I asked him several times why he did not leave her but he said he would lose financially because they had bought several properties together and she was a partner in his business.

"My children's father met in an accident two years ago and, to my surprise, I discovered after his death that he did not leave a will.

"The woman with whom he used to live is still running the businesses - a wholesale grocery store, a bar and a restaurant. I called and asked her for assistance for my children but she refused. Can I take her to court to assist me in the support of my children?"

You should consult a lawyer to assist you in filing a claim in court so your children can benefit from his estate. The Intestates' Estates and Property Charges Act makes provision for the children of a person who dies intestate to benefit from the estate.

 

January 9, 2009

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