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 have 2 children with my husband and he has 2 children from previous marriage. We always thought (but haven't got round to making will yet) that my children will get my 50% between them and my husband's 50% will be divided between the 4 children.
We've both paid equally into our home.
However, when he and his wife split up she got to keep their house with a very low mortgage. This therefore means she now owns her home outright and has a lot more spare money. So my stepchildren get a good inheritance already from their mother, I think it's fair that my 2 inherit the majority of our assets.
Blended families are complicated and it's not black and white.
This thread has reminded me though me and my husband need to make a will!

@Gwenhwyfar

"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?

Yeah I thought morally it was the right thing.. but it’s not my decision so just wanted to see if it was just me

"Yeah I thought morally it was the right thing.. but it’s not my decision so just wanted to see if it was just me blush"

Yes, but like I said it also depends where your DF's money came from and whether there was input from your DM or her side of the family.

@LenaBlack

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..

Yes I’m sure I will but since she has remarried and her husband has a son it will be 50/50 no matter who dies first.. and that is in a will thankfully.. but I would have it no other way x

In DH's will I get everything. We have 1 DD, there are also 2 SC's. I also own a property we don't live in.
The plan is, should I outlive him (and still have the same or similar assets when I die) is my share of our assets goes to DD only. His extant share will be split equally between all his children.
He trusts me to do this, although we may alter our wills once our youngest child leaves home but the proportions would be the same.

@Lilliarna

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

They aren’t related .. myself and sister shared a dad..

I think, quite often when people don't make a will it's because they're happy with the intestacy arrangements and they can absolve themselves of the responsibility for making what may not be a universally popular decision.

Even when there is a will, it's amazing how often people think they know what a will say but it turns out to say something entirely different.

@Beamur

In DH's will I get everything. We have 1 DD, there are also 2 SC's. I also own a property we don't live in. The plan is, should I outlive him (and still have the same or similar assets when I die) is my share of our assets goes to DD only. His extant share will be split equally between all his children. He trusts me to do this, although we may alter our wills once our youngest child leaves home but the proportions would be the same.

Absolutely x

This is why a blended family home should be held as tenents in common so on the first death half of the house goes into trust, it is protected from any subsequent marriage, the surviving partner only owns half of it.

It’s a shame as I think you should get 25%

I have 3 young step sons, they are listed as beneficiaries on my life insurance, are listed on my will and I don’t have any children of my own yet but when me and DH die they will all get an equal share - if he goes first I will leave house etc equally 😁

@BecomeStronger

I think, quite often when people don't make a will it's because they're happy with the intestacy arrangements and they can absolve themselves of the responsibility for making what may not be a universally popular decision.

Even when there is a will, it's amazing how often people think they know what a will say but it turns out to say something entirely different.

Yeah I do wonder about this! And like I said because we were always destined to get a 3rd.. but it was very sudden so I really don’t know. X

I'd think it belongs to your stepmum.

But another way to think of things is did he pay maintenance or walk away empty handed from your mums house. What I'm really saying is did he in effect pay for two houses?

Then you and your full sis share one
And your half sister gets the other.

@Lorw

It’s a shame as I think you should get 25%

I have 3 young step sons, they are listed as beneficiaries on my life insurance, are listed on my will and I don’t have any children of my own yet but when me and DH die they will all get an equal share - if he goes first I will leave house etc equally 😁

Lovely xx

@Bikingbear

I'd think it belongs to your stepmum.

But another way to think of things is did he pay maintenance or walk away empty handed from your mums house. What I'm really saying is did he in effect pay for two houses?

Then you and your full sis share one
And your half sister gets the other.

I only have my half sister. It’s just us 2. And no he didn’t pay for another house. But he did give my mum maintenance for me weekly.

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

No it isn’t. I’ve actually put myself in a crappy position financially getting married, it would be much easier and straightforward if I hadn’t.

As it is I’ve had to draw up a fairly complicated will.

Like pp, this is my house, in my name. It will go to my kids. My stepkids will, or should if she so decides, inherit their mums house, which was dh’s. He was never able to get back in the property ladder after the divorce left him with nothing.

Although when my dad died without a will, everything went to my mum. Would that be because we were minors? I never really understood how it worked, all I knew was he was a very high earner, and my mum was left very well off.

This might help, OP:

brodies.com/insights/wills-and-estate-planning/intestacy-rules-in-scotland/

Morals don't come into it. Do you have a close ongoing relationship with her as your step mother? If you do she might have made a provision for you, if your relationship with her ended with your dad there is no moral obligation at all too give any of her estate to someone she used to know.

It was your dad's decision and if he made no provision for you regarding the house it ended there. It is now his widows decision on what she does with her house in her will.

I can't see me remarrying if DH corks it first. But it that was on the cards I'm pretty sure I would ringfence my assets to the kids. I'm not handing over the cash to some Johnny come lately!

This is why a blended family home should be held as tenents in common so on the first death half of the house goes into trust, it is protected from any subsequent marriage, the surviving partner only owns half of it.
Unless a husband/wife wants their spouse to have it and not to be held hostage in their own home by others (step children, in laws etc). Inheritance is not a right.

the home comes under immovable property and the spouse inherits before children, therefore the home is now your step-mothers and she can choose to leave it to whoever she wants - isn't that the law in Scotland?

@PurpleFlower1983

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.

Not under Scottish law.. kids get a third of movable assets.. no ‘luck’ involved x

@essexmum777

the home comes under immovable property and the spouse inherits before children, therefore the home is now your step-mothers and she can choose to leave it to whoever she wants - isn't that the law in Scotland?

Yes.. I have no say in the house. X

LenaBlack
Exactly. We briefly looked into this and decided against it, there's a big age gap between DD and her siblings. She's still at school and they have left home and have jobs. Basically I need the freedom to make the best choices for her should I become widowed. I will treat all the kids fairly, but that doesn't mean that they get their inheritance immediately or influence where or how I live.

So many inheritance threads today. It's weird.

[quote Aquicknamechange2019]This might help, OP:

brodies.com/insights/wills-and-estate-planning/intestacy-rules-in-scotland/[/quote]
Thank you but I really just wanted opinion I’m legally not entitled I just thought I’d do it differently if I was in her position xx