No Contract & petition to reopen estate
Hi. My father passed away March 17. His 2nd wife was the sole inherit in his Will 07. His car was registered in my name June 17. His 2nd wife wants payment for it, no contract. shes also selling my dads house, my & my sisters only inheritance. We didnt know we can claim on my dads estate, no one advised us. Can I now submit a petition at the court to reopen the estate as his biological child & how much will it cost me in SA. I am not signing the contract she wants now, a yr later, the premium is not as we originally agreed verbally. I paid some of the money in cash to her, but she denies it. Can they take me to court for debt, but no contract? I am under debt review/restructuring & cannot afford the premium she wants. If I can claim some of the money for his house shes selling, the car & on some of my dads pension, I will be able to settle my debt, but the estate was closed in April 18 – please advise, then Ill have to see an attorney.
All will depend on the will that your father left. If you suspect that it was fraudulent, then you can contest the Will in the High court.
Otherwise, on his death an executor would be appointed to wind down the estate. Meaning he or she will deal with all his assets and liabilities Then lodge a final liquidation and distribution account to dish out what is left ( residue ) of the estate, according to the Will.
I do not know why you are paying off the car if your father transferred it into your name and ownership before his passing. It would belong to you if that is the case.
However if you are unhappy with the state of things, lay a complaint with the master of the high court, who deals with deceased estates.
Otherwise get a lawyer to assist you with the process.