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My brothers-in-law want to throw me out

By - | December 1st 2012 at 00:00:00 GMT +0300

My brothers-in-law want to throw me out

My husband passed on last year from a road accident. Since his death, I have known no peace from his brothers who say that I have no more business in that family since my only connection to them is gone. We were not officially married, but had a daughter. I have an older son not fathered by my late husband. My brothers-in-law claim if his property is left with me, I will give it to my first born son who is not part of their family.?They have taken over some of his investments such as matatus and they want to throw me out of our business. If they succeed in this, I will be left without any source of livelihood because I depend on these businesses to survive. What can I do to stop them?                 

  {Jackie}

Your take

Jackie, your marriage to your late husband is considered legal since you lived with him for more than six months. Also, if your late husband exercised parental responsibility over your son, then he qualifies to inherit your late husband’s property. Seek legal redress. {Molly Daisy}

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?You are vulnerable?and people will take advantage of you at such a time. Even so, there are laws regarding inheritance. Do not hesitate to report your in-laws to the authorities because you too were involved in building the business. If you keep quiet about this, they will eventually push?you out of your home.?Pray for strength and you shall overcome this. They want to reap where they did not sow. {Nancy Wawuda}

?You need to know that you and your children are the next of kin and are, therefore, entitled to inherit your husband’s properties. His brothers have no legal grounds to claim anything from you. This is unfair, inhuman and illegal and they should be stopped as soon as possible through legal action.  {Alfred Ashikhanga}

?Jackie, the?fact is that you were legally married to him. Report to the local administration and seek legal assistance from a lawyer. Your son was?one of his dependants so he must have his share of the cake.  {Ouma Ragumo}

?Consult a lawyer who specialises?in family or marriage law as well as succession law for the way forward, but know that the law is on your side. You cannot fight this battle alone. Do not be anxious about your son born by another man. That is not relevant for now. {Tasma Charles}

The councellors take

Jackie, those people are actually in the process of disinheriting you by stripping you of your husband’s assets and investments. This affects widows who are ignorant of the law and who believe in such traditions. You, therefore, shouldn’t be ignorant of the law and you ought to know that you are entitled to every piece of property and investment that belonged to your husband.

?Advocate Samuel Ngari of SN Thuku and Associates says you may not have legal capacity to sue them now, but you can get it if a lawyer helps you to file for an “Ad-Litem” order, which temporarily secures items that are in contention of administration to allow for the filling and determination of a succession case. This process takes two weeks and it will give specific orders for those assets to be stored in a neutral ground. He adds that this is important because at present the registered owner or the administrator is liable for any damage the matatus may cause. You will need a good lawyer to help you through this and it will be easier if you have the necessary documentation such as vehicle log-books, registration documents for the businesses, death and birth certificates.

?However, if you knew your husband’s lawyer, you may pay him a visit and find out if your husband left a Will. If not, get a lawyer to file for the “ad-mitem” then open a succession case. To file this, Ngari says, you will need another person who is of age to act as the co-administrator (someone who is relevant and who has your best interest at heart), but your lawyer will help you through this.

?The Succession Act stipulates that the immediate family of a deceased person has first priority over his estate, unless another party can prove that they were direct dependants of the deceased. Finally, having lived together for a couple of years, there are legal provisions that will qualify you as his wife, therefore, go into this with confidence and without any fear.              

{Taurus}

 


 


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