SCORPION ADVISES NTOMBI IS AN HEIR, TOO

THE FACTS 

Ntombi Zikalala from Dube, Soweto said her father passed away in 1996. He was divorced from her mother and remarried. Ntombi lived in her father’s house with her father her stepmother and the stepmothers child.

After her father passed away her stepmother kicked her out of the house. Later when the stepmother became ill one of her grandchildren asked Ntombi to move back to look after her.

After the stepmother died Ntombi was invited to keep living in the house.

However, last month someone came to the house, took pictures and asked for one of the granddaughters saying that the house has been put up for sale.

She went to the municipal office to check on the status of the house and found that there is a will by the stepmother in which she deposed 25% to each of her granddaughters and 50% to her nephew. As she does not have any money to appoint an attorney she needs to know what she can do.

WHAT I DID 

I spoke to one of the attorneys at SCORPION LEGAL PROTECTION to ask what Ntombi can do.

SOLUTION 

The attorney advised that Ntombi is an intestate heir of her father. He said she is therefore entitled to inherit from her father`s estate unless her father excluded her from the will. She therefore needs to approach the Master of the Court’s office to explain that her father passed away and had a house and at the time of his death he was remarried.

She should explain that she is not sure if her stepmother reported the death of her father.

Ntombi must explain that the stepmother is now deceased and she made a will where she left the house to her granddaughters and a nephew.

If the estate of the father was not reported Ntombi can report it even now so that the Master can administer the estate to determine what the value of Ntombi’s share was when the father passed away. The Master should be able to work out her share from her father’s estate and can make a directive regarding the proceeds of the house once it has been sold.