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AIBU?

Slightly odd inheritance question...AIBU?

241 replies

Jpr95 · 27/11/2020 23:33

Well it's not quite an AIBU because I don't think I'm entitled to anything here legally but just in case I thought it might be worth asking the question!

So, my parent was married, left their spouse, some years later met my other parent and had me. But never divorced their spouse.

Both my parents died a few years ago. I've been researching my family tree in lockdown and discovered that the spouse died last year apparently with no next of kin. From what I've been able to find out of where they lived, it seems they were quite wealthy.

I don't think I have any entitlement here do I? Rationally I feel not, but then again I can't help wondering about it. It could be a life-changing amount of money.

Do I need to just forget about it all and stop daydreaming about possible inheritances? Or is it worth me making some enquiries with the government legal dept (think that's what they're called, the body who deal with estates of those with no family). Talk some sense to me please!

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AcornAutumn · 27/11/2020 23:36

I’m not a lawyer
You could ask on the Legal section

But logically I can’t see why you’d inherit anything.

You’re saying the ex of your parent passed on and you think that might mean you get something? I can’t see it. You have no connection.

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AcornAutumn · 27/11/2020 23:37

Also they might not have kin - maybe I won’t when I die. But I have made a will. So there’s no mystery about where the money goes.

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VanGoghsDog · 27/11/2020 23:40

Had your parent been alive, still married, and ex died with no will, your parent would have inherited.

But as your parent had died fist - nope. Sorry.

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SquareSausage17 · 27/11/2020 23:40

I don’t think you would have any entitlement to the assets of someone not related to you in any way - even if they did die without a will (which is quite unlikely - wealthy people tend to have wills!).

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Omeara · 27/11/2020 23:40

The money could have been left to anyone, are you asking because you already know they died intestate?

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NoSquirrels · 27/11/2020 23:41

You’re not a child of their marriage, so the fact your parent was still married to them at the time of his/her death doesn’t entitle you to anything. Your parent could have inherited, as surviving spouse, but as they died first any chance of you subsequently inheriting was lost. IANAL so perhaps I’m wrong but I’d be very surprised.

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Omeara · 27/11/2020 23:42

You can search for and buy a copy of the will online.

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timeforachange33 · 27/11/2020 23:43

I assume you're wondering because of the fact they were still legally married therefore he would receive everything as legal spouse (providing no will was left)? The problem is your parent died before this person (if I've understood correctly) therefore this legal tie was broken and as you aren't related to the wealthy person you have no claim.

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Bluemooninmyeyes1 · 27/11/2020 23:49

You have no legal ties to this person so you won’t inherit anything. Her own family will inherit and if she has no family her estate will go to the government.

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AcornAutumn · 27/11/2020 23:49

Actually now I’m mulling it over, stranger things have happened

Check the probate registry. If there’s a will and you’ve not been contacted, I assume there’s nothing about you or your parent in it.

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Leaannb · 27/11/2020 23:59

This is absolutely gross

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Jpr95 · 27/11/2020 23:59

Sorry I probably didn't explain, the person who died is on the unclaimed estates list, which as I understand it means no will/ identified relatives. Appreciate this doesn't mean I am entitled to anything but it does seem to mean they have neither will or family.

My parent wouldn't necessarily have been identified as they changed their name completely (informally) around the time I was born. So my parent's birth cert and death cert are in different names.

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Sacredspace · 28/11/2020 00:00

I think you might have an interest. As I understand it the law assumes the husband is the father of any child born during a marriage. So I’m assuming he is named on your (long) birth certificate? In which case you would legally be considered his next of kin.

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AcornAutumn · 28/11/2020 00:02
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Jpr95 · 28/11/2020 00:02

I don't get why it's 'gross'? I'm not expecting anything (at first I was just interested to find out more about this person as my parent told me only the barest minimum) but if it's a choice between me and my family possibly being entitled to something or it going to the govt I know which I'd prefer!

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BunnyMacDougal · 28/11/2020 00:02

@Leaannb

This is absolutely gross

Isn’t it just?

I thought I’d seen it all on here but this is something else.

OP, when your parent died, the remaining spouse became the full owner of the estate. They have no relation to you, therefore you have no entitlement to their money or house.
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AcornAutumn · 28/11/2020 00:03

@Leaannb

This is absolutely gross

It’s better than the government pocketing the whole lot!

But I would hope that friends or carers would have a claim if no rellies.
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Toseland · 28/11/2020 00:04

If you don’t ask you don’t get.

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Jpr95 · 28/11/2020 00:05

I have looked at the govt website in terms of who can inherit etc but unsurprisingly this is a bit of a specific and unusual situation that isn't covered, not from what I can see anyway.

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Omeara · 28/11/2020 00:05

I think you may have a claim as you would possibly inherit your Father’s share of the estate.

My husband inherited a small amount of money a few years ago after an heir hunter traced him. He had never met the relative he inherited through. He only inherited because my FIL has passed away. FIL’s 2 sisters got a share and the amount that would have gone to my FIL got split between his children (my husband and siblings).

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LindaEllen · 28/11/2020 00:06

If it's on the unclaimed estates register, I would investigate further and put your name forward.

Depending on what degree they'd have to go to in order to find next of kin related to him, you might have a shot.

But it'd be more likely to go to his siblings' kids (if he had any) - I doubt they'd go further than that though, as they'd have to start going to his parents' siblings and then their kids and it'd get hugely messy.

As I said, worth a shot.

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AcornAutumn · 28/11/2020 00:06

@Jpr95

I have looked at the govt website in terms of who can inherit etc but unsurprisingly this is a bit of a specific and unusual situation that isn't covered, not from what I can see anyway.

Well, here’s how to make a claim, you get to explain it there

www.gov.uk/guidance/make-a-claim-to-a-deceased-persons-estate#make-a-claim-to-bvd
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LaMontser · 28/11/2020 00:08

If your father died intestate then you may have a claim on his estate as there are rules on how much moves to the surviving spouse and then to children. There may be a time limit on claims but you may have a claim. There are posters on the legal board who can give actual information.

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ElephantsAlltheWayDown · 28/11/2020 00:09

It wouldn't hurt to talk to a lawyer and ask, would it? How long has it been since they died, and how long does an heir have to appear?

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starfishmummy · 28/11/2020 00:20

@Sacredspace

I think you might have an interest. As I understand it the law assumes the husband is the father of any child born during a marriage. So I’m assuming he is named on your (long) birth certificate? In which case you would legally be considered his next of kin.

Thats my understanding too. That the legal husband is presumed to be the father.
But OP needs a lawyer
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