Can a step father evict the daughter of his late wife
The lady is 35 years old unemployed with two children. She lived with her mother in a house owned by her mother. Her mother remarried in community of property. Her mother died recently without leaving a Will. The Step father has now evicted her and she and her two children are living on the streets.
If the mother died without a will then it is said that she died intestate. What is left of her estate will be divided according to the rules of intestate succession. Descendants fall in line to benefit from her estate. Being married in community of property means the surviving spouse is entitled to half of what is left, after all their combined assets are valued and their combined liabilities are deducted. The calculation as to who is entitled to what is complicated and depends on the facts. However when a person dies it is reported to the Master of the High court or the Magistrates court depending on the value of her estates or assets. An executor will be appointed to see to the liquidation and distribution of the deceased’s estate, and fairly give to the daughter and children their due. All this has to be published.
My advice is that the daughter must get help from the legal aid board to track the final liquidation and distribution account of the mother and claim what is due her. A copy of this account should be at the masters office or at the Magistrates court. Lawyers at the legal aid board will assist.
Amended by author 7th December 2017, 02:23
Will also add that she should get the lawyers at the legal Aid board to challenge the eviction in court pending the final distribution of the estate. If it succeeds she will have the right to move back in.