Inheritance Same dad different mums

[Whatistiktoc]

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

I’m sorry for your loss. I think that you’ve had your inheritance from your father. The house now belongs to your stepmother.

Technically if he and his wfe were married then EVERYTHING should have gone to her - am suprised you and daughter got monies

Wrong.

Sorry for your loss. It's so important for people but especially blended families to make wills. I have two children with my husband and two stepchildren. My will does and always will split everything 4 ways.

(Both of us leave our halves of the house as life interest to the other first).

@selflove

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).

This

It’s also possible that your father’s wife may remarry in the future.

"Morally, I think 25% you 75% your sister."

Morally, doesn't it depend on how the DF financed his portion/half of the house i.e. if it was money he earned while OP's DM looked after the children or money earned by OP's DM or an inheritance to DM as opposed to money he earned after meeting his second wife. What I mean, if a portion of the house was financed by the fruits of the labour of OP's half of the family, then she would have a moral claim, but not if otherwise?

@RainingBatsAndFrogs

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

This is not true.

OP - it is such a shame your dad did not leave a will.

What happens to the house when his wife dies depends on her will. And what is fair would depend , maybe, on what she brought to the marriage. If the house was mainly bought with her money, she may not feel any obligation to leave anything to you. If the house was mainly or partly bought with your Dad's money, then if she plays fair (IMO) then she will leave it to both you and your half sister.

However, I am sorry to say that everyone I know who is in your situation has not seen a penny from a step-parent.

is it not? I always thought that was the case. Shows how wrong I am! How does it work then as people on here are always going on about protecting yourself by marrying but it seems like it may not

That's your step mum's choice

@Elfieishere

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.

if the plan is thaf his half is split, why wouldn't you still do that? Surely its your stepdaughters relationship with her Dad that really matters?

So no sorry I should have said it’s Scotland so it wasn’t everything goes to his wife.. children are entitled to a third of moveable assets..

Thank you.. and yes I know where I stand and don’t really need advice it’s just more on what you’d think you would do in her situation. X

What should happen to the house should depend entirely on the wishes of who is the legal owner. It is not for anyone else to decide

intestacy

Rules of inheritance if there is no will.

Do you know if your late father and his wife contributed equally to the house?

@louisejxxx

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.

So no sorry I should have said Scottish law kids get a third of movable assets.. she didn’t have a say in that. X

@yourfaceisaforeignfood

Do you know if your late father and his wife contributed equally to the house?

My father was the main contributor but then they had a young child so she wouldn’t have had as much opportunity to work..

@AuntyPasta

I’m sorry for your loss. I think that you’ve had your inheritance from your father. The house now belongs to your stepmother.

Thank you

Newmumatlast:
www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/yes/yes/yes

Also, see it explained above by PP.

Marriage protects you up to a certain amount if your partner dies without leaving a will, as you see from this.

However, a will can protect you even if you are not married.

Marriage is more important in terms of protection of property while people are living, because if you are not married and a husband leaves you have no right to the house unless you are named on the deeds. However, if you are married you would be entitled to your share.

But, everyone should have a will.

Ah well, if nothing else you've highlighted that most people don't understand the law in England!

@RainingBatsAndFrogs

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

This is not true.

OP - it is such a shame your dad did not leave a will.

What happens to the house when his wife dies depends on her will. And what is fair would depend , maybe, on what she brought to the marriage. If the house was mainly bought with her money, she may not feel any obligation to leave anything to you. If the house was mainly or partly bought with your Dad's money, then if she plays fair (IMO) then she will leave it to both you and your half sister.

However, I am sorry to say that everyone I know who is in your situation has not seen a penny from a step-parent.

Yeah I know I won’t see it and it’s totally ok just wanted peoples opinion.. I felt a bit hurt by it.

Sorry that was to the OP. Good post @RainingBatsAndFrogs

@Newkitchen123

What should happen to the house should depend entirely on the wishes of who is the legal owner. It is not for anyone else to decide

That wasn’t really my question.. I just wondered peoples thoughts..I have no legal right at all! X

I've always assumed that it would be a 25% 75% split in our family - a similar sort of set up to yours except that my sister lives in another country and my dad hasn't seen her for years and years though they do speak on the phone.

but on the other hand - maybe it should be up to the surviving spouse to decide. i have no idea what my parents' view is on the matter

It's your stepmums choice. Morally your DF didn't make a will so have to assume he wanted his wife to have the house.

If you maintain a good relationship with your stepmum she might make provisions for you in her will...but my guess is she will prioritize her own daughter. Presumably at some point you will be benefitng from your mothers estate..