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Inheritance Same dad different mums

(99 Posts)
Whatistiktoc Sun 22-Nov-20 20:32:40

So just looking for peoples opinion really!
Some back story-Dad recently passed away leaving his wife, myself and younger sister. 8 years between us. My parents split when I was around 3 and he went on to remarry and have another child. We all had a good relationship and He always stayed in touch seeing me most weekends.
My sister stayed in the family home when he died. He didn’t leave a will and we got an equal share money’s. But my question is about the home him and wife owned. Obviously she lives there and will for however long she likes or until she passes, but when she does do you think my dads half should be shared between us both or go entirely to my sister?
YABU-sister takes all
YANBU-split

OP’s posts: |
selflove Sun 22-Nov-20 20:35:09

If he didn't leave a will, then legally you were lucky to get anything, as it should have all gone to his wife.

So legally, it will go to your sister when her mum dies and you'll get none. Morally, I guess if the house was considered 50% your dads and 50% his wife, then when his wife dies, your sister should get 75% of the house (her mums 50%, plus half of her dads share), and you should get 25% (half your dads share).

Aquamarine1029 Sun 22-Nov-20 20:38:43

Unfortunately, your father was negligent in not making a will. The house in question belongs outright to your stepmother, and she is in full control as to what happens with the home when she dies, or she may sell before she dies.

IceCreamAndCandyfloss Sun 22-Nov-20 20:44:36

Up to your stepmother to decide. Presumably she will leave to her daughter.

nancybotwinbloom Sun 22-Nov-20 20:46:18

We have a similar set up family wise.

This is how we see it.

All houses owned by the women.

My house - my name my mortgage. My daughters.

My step son - his mums house, his inheritance

My other step son - his mums house his inheritance

Anything from my DH, split as he wishes.

AllsortsofAwkward Sun 22-Nov-20 20:48:06

Depends as its really youwere only 3 year when you're parents split so its likely shes contributed a good portion to the house and by all rights is hers. You already got some cash..the house is youre step mothers.

Lilliarna Sun 22-Nov-20 20:48:06

If your dm leaves you her house, will you give half of that to your sister?

OddBoots Sun 22-Nov-20 20:48:31

That will be up to your step mum, there is no wrong or right answer there really. She might take into account what, if anything, you'd inherit from your mum but then she might not.

Elfieishere Sun 22-Nov-20 20:50:12

I’m guessing the house is legally now his wife’s so she’s entitled to leave it all to her daughter.

If she wanted to be fair then her 50 should go to her daughter. Your dads 50 should get split 25/25

So essentially

You: 25%
Sister: 75%

PurpleFlower1983 Sun 22-Nov-20 20:51:17

It’s your step mum’s house so however she chooses. As others have said, you were lucky to get anything as legally it was all hers.

flaviaritt Sun 22-Nov-20 20:51:42

His wife owns the house. She can, I assume, do what she likes with it.

Elfieishere Sun 22-Nov-20 20:53:01

The plan for my house is

My 50% goes to our kids 25/25 and his 50% gets split 3 ways 16% each (approx).

If I out live my partner then I will decide near my death if i want my step daughter to get anything though. It will be down to the relationship we have in later life.

BecomeStronger Sun 22-Nov-20 20:53:13

If there was no will, everything (unless it was a high value estate) went to his wife so she had no obligation to give you anything.

The house is now hers to leave to whomsoever she pleases, which I'd expect to be her daughter, but if she remarries it could equally well be her new spouse and everything could end up with his kids, if he survives her.

TBH even if you dad had written a will, he'd have likely left the house to his wife, so your position would be no different.

TeddyDidIt Sun 22-Nov-20 20:54:00

I don't think the first few responses are correct if they owned as tenants in common. Do you know whether they owned as joint tenants?

Thehop Sun 22-Nov-20 20:55:23

If he left no will you’ve been lucky to get anything.

louisejxxx Sun 22-Nov-20 20:56:16

If your dad didn’t have a will then his half is now hers, and you were lucky to get an equal share as presumably that will have been on her say so - she wouldn’t have had to give either of you a penny.

The only way this won’t be the case is if they have the kind of mortgage where the house share doesn’t automatically pass to the spouse.

2020iscancelled Sun 22-Nov-20 20:57:15

Difficult one.

If your dad and his wife shared all the finances and fairly contributed to the house then I would expect and would hope that it would be 50/50 to you both - hopefully they had this conversation at some point and agreed to both of you would get a fair share from whoever went last.

However - the situation could be a little different in that if his wife financed or paid for that house or it was bought from an inheritance on her side etc then it might be a bit more complicated.
In my relationship I have made it clear that I am ring fencing my money for my kids and not to be shared to DSC. He can leave them whatever he chooses to but my money came from a family member who wanted it to pass to my children. My SC have another mother and they have their dad, they don’t need to inherit from me really.

If DP was to go first I would ensure they got HIS share but that wouldnt necessarily be 50%

Sorry it doesn’t make much sense but it’s completely down to the individual situation. How close you all are etc.

I’m sorry for your loss and hopefully you do have a close relationship with step mum and sister

TeddyDidIt Sun 22-Nov-20 20:57:47

If they owned as tenants in common, it's something like the first £270k plus half of everything else goes to the spouse if there's no will, and then the remainder split between children. But if they owned as joint tenants, the house is all hers, I think.

Dishwashersaurous Sun 22-Nov-20 20:57:55

If he didn’t make a will then on his death all of his assets go to his wife.

Those assets then become her assets. There is no dads half. The assets belong to his wife.

If she doesn’t make a will then on her death the assets will go to her next of kin, her daughter. Unless she remarries on which case it goes to the new husband

HavelockVetinari Sun 22-Nov-20 20:57:59

nancybotwinbloom

We have a similar set up family wise.

This is how we see it.

All houses owned by the women.

My house - my name my mortgage. My daughters.

My step son - his mums house, his inheritance

My other step son - his mums house his inheritance

Anything from my DH, split as he wishes.

So your DH has children with 3 different women? What happens to his assets, will they be split between his DC or will he ignore his previous DC in favour of his latest wife?

HollowTalk Sun 22-Nov-20 21:00:32

Lilliarna

If your dm leaves you her house, will you give half of that to your sister?

That's a ridiculous thing to say.

Mmn654123 Sun 22-Nov-20 21:00:53

If there is no will, everything does NOT necessarily go to his wife.

If the estate is valued at more than £270,000, the partner will inherit:
all the personal property and belongings of the person who has died, and
the first £270,000 of the estate, and
half of the remaining estate.

So if house is, say, £500k then wife inherits £385k and the children inherit £115k between them (£57,500 each).

When the wife dies then it’s up to her whether she provides for her step daughter. It’s not automatic.

RB68 Sun 22-Nov-20 21:08:44

it depends on how the house was owned one way it would have just gone to his wife and then she can leave it where she wants - with no will it will go to her children in equal parts, with a will where she wants it to go.

If it was owned 50 50 and they set it up so neither inherited the others part then your fathers half could go to her, to the kids or to whoever else is involved. This is why its important to have a will

Technically if he and his wfe were married then EVERYTHING should have gone to her - am suprised you and daughter got monies - but maybe Wife was being generous - she got the house and you guys got his cash. Dont think there is any more to come to you going forward if there was no will

BecomeStronger Sun 22-Nov-20 21:10:47

I think you have to assume you'll be getting nothing. If you sister is still at home presumably SM is still quite young. She could have a whole other life by the time she dies or have spent the lot on cruises or care homes.

Going through life expecting an inheritance that may never come is no way to live.

TeddyDidIt Sun 22-Nov-20 21:12:53

This is useful for info on intestacy rules: https://www.graysons.co.uk/wills-estates-trusts/intestacy-rules/#receive

So legally it will depend on a few details like how the house was owned, how much it was worth and how much you have already received. Morally, I think 25% you 75% your sister.
Sorry for your loss, OP.

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