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Protecting Your Rights After a Loved One's Death

N

Nyakundi Report

Newsroom 2 min read

This archive report was first published on 22 July 2019.

After losing her husband in a road accident last year, Jackie has been facing harassment from his brothers who claim she has no further business in the family since her connection to them is gone.

Although they were not officially married, Jackie and her husband had a daughter together, and she also has an older son from a previous relationship. The brothers are now trying to take over their assets, including two matatus registered in both their names.

Jackie invested a lot of money and time in managing the vehicles and feels she should not be treated like a dependent. She is seeking advice on how to stop her husband's brothers from taking over their assets.

According to Advocate Samuel Ngari of S.N. Thuku and Associates, Jackie should seek legal advice early to secure and restore the movable and sensitive assets, including the vehicles. He advises her to obtain a police abstract and warrant of arrest accusing her husband's brothers of being in possession of stolen goods.

Ngari also recommends that Jackie engage the services of an advocate to help file for an 'ad-litem' order, which is a temporary legal order that secures items in contention of administration to allow for the filling and determination of a Succession Case.

Additionally, Jackie is advised to get all the necessary papers together in safe custody, including registration documents of all assets and investments, her husband's death certificate, and any other document that may add value.

Boke, a relationships counsellor, also offers words of encouragement to Jackie, reminding her that she has rights and should not be cowed by her husband's brothers. He advises her to surround herself with supportive people and seek help from organizations such as FIDA.

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