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What happens when step parent dies after other parent.

114 replies

Rainingdogsandcats · 03/02/2020 21:40

Complicated all of a sudden.

I just learned that my step mother died in the middle of January. We weren't in contact. She was married to my stepfather ( who brought me up from a few months old) who died 5 and a half years ago. She was only 58.

She had no other relatives at all.

I feel very sad that she could have been surrounded by grandchdren yet she died alone and myself and my sister have been searched on social media.

I have to contact the hospital tomorrow. She lived in our family home that belonged to my mum ( died 40 odd years ago) and dad. Paid off before she came along.

She was very very wealthy.

My questions are what will we be expected to do? Will we be able to access any insurance to pay for her funeral or anything? Will we even be able to do anything since we're not blood related?

It's going to be very complicated. I can only hope she's made a will so that it's easy to organise.

She wasn't very nice and wasn't nice to my dad.

OP posts:
ChristmasCarcass · 04/02/2020 00:06

I think OP is after inheritance from her own parents, which is understandable.

Unfortunately her parents left all their money to this woman, who has almost certainly not left it to OP. It is galling, and heartbreaking, but you can’t turn the clocks back.

I hope you’ve made a will yourself, OP. This could all have been avoided if your DF had done so.

BlackCatSleeping · 04/02/2020 00:09

It's all such a shame and shows how important it is to make wills.

I would be wary of taking legal advice from MN. People are well-meaning, but often have a limited understanding of the law. If I were you, I'd contact a solicitor and ask for some advice.

Rainingdogsandcats · 04/02/2020 00:09

billieeilish I would like things from the house that belonged to my mum, I know my dad still had things. I am absolutely not after any inheritance. Maybe they'll find some distant relatives. I never asked my dad for a penny when he was alive and I'm not about to start now.

Cuckooken yes the same one. Two wrongs don't make a right. I've made my peace with what happened after my mum died.

OP posts:
BillieEilish · 04/02/2020 00:09

Yes, her parents are dead. This woman (no relation) has died. She inherits nothing.

But go to a lawyer to be sure. But there will be a cousin somewhere who will inherit it all.

BillieEilish · 04/02/2020 00:11

Absolutely see a lawyer and I hope they help you get photos etc.

Rainingdogsandcats · 04/02/2020 00:11

Christmascarcuss exactly.

I'll see what happens tomorrow.

OP posts:
ChristmasCarcass · 04/02/2020 00:14

I would like things from the house that belonged to my mum, I know my dad still had things

Problem is, they were left to your dad, and he left them to his wife. So they are now part of her estate. Even though she didn’t want them, and her heirs will want them even less.

If you can track down the executor of her will (likely to be her solicitor if she has no family), they may be happy to let you buy stuff from the estate. Or “buy” stuff, if it’s not objectively worth anything (photos etc).

But you certainly aren’t liable for sorting out her funeral, going to the hospital, etc. None of that is anything to do with you.

BillieEilish · 04/02/2020 00:15

With the lawyer don't say 'Step Dad' it is so confusing. Say DAD, he adopted you and is legally your Dad.

Rainingdogsandcats · 04/02/2020 00:16

Thank you.

OP posts:
okiedokieme · 04/02/2020 00:24

If your step father adopted you, he was legally your father which makes her your step mother. You will need to see if there's a will, if not only a legal expert can tell you if you can act on her behalf, that will allow you to access her estate to pay for her funeral and potentially you could inherit but far from clear

Blackbear19 · 04/02/2020 00:30

What a rotten position.
Yes your Dad is you legal Dad, you have all the rights from him as a biological child. You may be able to claim on his estate.

If Step mum had a drink problem then the chances of a will are remote but its worth looking for one. The odds of there being no family is remote. Ever watch Heir Hunters?

I'd get a lawyer involved asap.

OnGoldenPond · 04/02/2020 00:30

The adoptive father died intestate. So OP was entitled to a share in the estate in excess of the first £250k. If her father's estate was in excess of this limit by law she and her sister were entitled to split half of the excess between them. If they did not receive this her father's estate was not lawfully distributed when he died and OP should have a claim against his estate, though not sure about any time limits to claim.

Blackbear19 · 04/02/2020 00:33

When I say about see a lawyer, I'm not sure just anybody ( and legally your nothing to this lady) can register a death. Not to mention that you don't want to be responsible for the funeral bill.

Horsemad · 04/02/2020 00:33

If your adoptive father inherited from your Mum, then did he make a will? If not, then I think you'll be entitled to something.
If he died intestate, his second wife (your 'stepmum') would inherit all his possessions and the first £250K of his estate and you and any other children of his would inherit half of the remainder, with the other half going to your stepmum.

Hope that helps.
Read the .gov website.

AcrossthePond55 · 04/02/2020 00:33

I'm in the US so (naturally) hospital bills are involved. I know that under the NHS there may not be anything owing. BUT, just don't sign anything saying you accept responsibility for this non-related-woman. In fact, don't sign anything at all

You say she has no relatives. But if she was truly wealthy chances are she has a will or at least a financial advisor. And if no relatives, there may be friends or charities she's left her money to. Those would be the people to inquire with about sentimental items belonging to your mother.

Do you know if your dad had a family lawyer or financial advisor? That may be a place to start to trace her estate information. Did you ever check the titling of the house to be sure your dad amended it to add her to the deeds and if so, the exact titling?

AcrossthePond55 · 04/02/2020 00:36

I just realized my error. Since this woman was married to your (legal) father, she is indeed your step-mother.

But still don't sign anything!

mummmy2017 · 04/02/2020 00:37

The is one thing I would do.
Get hold of your mum's will.
Cost £5 online.
Just in case you were supposed to get a share of the house.

Abouttoblow · 04/02/2020 00:44

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BlackCatSleeping · 04/02/2020 00:51

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Abouttoblow · 04/02/2020 02:03

BlackCatSleeping

This is one of the things BillieEilish said on this thread.

Yes, see a lawyer as you are clearly after inheritance from a woman you are not related to

Where has the OP indicated she's interested in any inheritance?

lyralalala · 04/02/2020 05:56

You need to find out if your mother made a will

Find out who administered your Dad’s estate (legal adoption means he’s legally your father)

Then find out if your step mother made a will

If she has no relatives then the hospital trust will be looking for someone to pass on the admin too - be very careful what you do. Do not get involved in financial things without proper legal advice.

However if your father died intestate and his estate was worth more than 250k you and your sister were entitled to some of it

Blahblahblahnanana · 04/02/2020 08:19

Although you are her step daughter you cannot inherit from her as you’re not her biological child.

If there are no surviving relatives who can inherit under the rules of intestacy, the estate passes to the Crown. This is known as bona vacantia. The Treasury Solicitor is then responsible for dealing with the estate. The Crown can make grants from the estate but does not have to agree to them.

If you are not a surviving relative, but you believe you have a good reason to apply for a grant, you will need legal advice.

For more information about bona vacantia go to the GOV.UK website at www.gov.uk.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

If you do go to the hospital be careful what you sign for

DisplayPurposesOnly · 04/02/2020 08:31

Does the fact that he adopted is mean that he's not our stepdad then?

Yes.

That doesnt make his wife your step- mother though. She's your dad's wife.

DillBaby · 04/02/2020 08:48

OP may have been entitled to claim something from her mum or dad’s estate. But too much time has passed now to question how the assets were distributed. I think you have to question it within six months?

Rainingdogsandcats · 04/02/2020 10:09

Thank you for all of the information.

I've spoken again to the hospital this morning and they are going to go into the house. I explained the situation as I know it and she said she has information that backs it up about no living relatives. She said if we take over the death certificate that will mean we have to deal with the admin.

Whilst I don't like to think of her being buried by the hospital it all sounds as if it could be really complicated and I'm not sure I have the inclination to take it on.

OP posts:
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