Slightly odd inheritance question...AIBU?

[Jpr95]

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!

[SockDrawer]

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!
I’ve read this before - have you posted about it in the past?

[Namechangedforthisoct2]

Wills are available online for public view I believe? You could try starting there, it may have the solicited name or details?

[Lockheart]

If there are no other heirs then the child of a spouse could possibly be considered as a beneficiary. I don't think you could inherit under the intestacy rules but there is nothing stopping you from applying for financial provision from the estate.

It's not "gross". If the estate is not claimed it will eventually revert to the Crown. So it's either that or the child of the deceased's spouse.

They're not just "the ex" - they were still married. That's an important legal distinction.

I can think of worse or more tenuous situations.

I believe you need to speak to the Bona Vacantia division, but I would seek legal advice from a specialist solicitor in the first instance.

[viques]

@LaMontser

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.

The person who died without a will is not related to the OP in any way.

One of the OPs parents was at some point married to the person who died without a will and never divorced them, if the parent was still alive they would be technically next of kin . Unfortunately the parent pre deceased the will less one by some margin.

[sammylady37]

My god. This is a new low, even for mumsnet inheritance threads.

[Lockheart]

@sammylady37

My god. This is a new low, even for mumsnet inheritance threads.

Why? The estate has to go somewhere, you can't take it with you.

[AcornAutumn]

Lockheart “ They're not just "the ex" - they were still married. That's an important legal distinction. ”

Apologies that was me

I read the OP the first time and missed that, I feel a right plum.

[olderthanyouthink]

@starfishmummy it would be different surely it the husband had a child with another woman because obviously no way could it be the wife's baby. odd law there that only goes one way but it makes sense

Not sure which way round OPs parents are

[SixesAndEights]

The OP's only asking a question!

A perfectly valid one since she isn't a legal expert and doesn't know whether the marriage between her parent and this person means that in a case like this she might have a claim if there's no one else.

Why not enquire, OP, you've nothing to lose. It'd be better than it going to the government.

[Lineofconcepcion]

Yes you may be entitled to inherit because although the deceased is not your father, the fact your mother was still married to him does technically make you a child of the marriage. There is a legal section where @Collaborate or @prhbridge might be able help as this isn't my area.

[AcornAutumn]

“ Her 6th cousin twice removed will inherit before you.”

Yes, but that person might not exist.

Also I don’t know what the law says. If I died after my sister, intestate, there are cousins in another country of whom I know nothing.

They wouldn’t know I’d died. So there might, in theory, be a chance of a different person with a link inheriting.

I’d imagine the government grab what they can though.

[Lockheart]

@Leaannb you are being nasty for the sake of it.

OP is not nobody, she's the deceased's spouses child. Like a step-daughter but the wrong way around.

If no-one else claims the estate, I can't see any moral reason why the child of the deceased's spouse couldn't make a claim.

If you are able to articulate any reason why not beyond going "yuk, gross" then I would love to hear it.

[Lineofconcepcion]

Op would you like this moved to legal where you may get someone able to advise you rather than spouting judgmental rubbish?

[mumwon]

if they died before your parent's ex spouse they might have been entitled than you might have been entitled via them BUT really?

[sammylady37]

Why? The estate has to go somewhere, you can't take it with you

Because the op is hoping to get her hands on a substantial sum of money/other assets that belonged to a total stranger to whom she herself had no connection. It’s vulture-like in the extreme.

[Lockheart]

Yes, if the deaths had been the other way around then in all probability OP's parent would have inherited and OP would now have everything.

So I really cannot see any reason why it would be so repugnant for her to have it by another legal route.

[notapizzaeater]

If the estate is unclaimed then I'd lodge a claim, what's the worse that can happen ? They say no,

[Jpr95]

I've not posted about this before, I only found out about it this month, as I said I've been doing some research in lockdown, it's been keeping me busy. Until then I didn't even know who this person was or that they had died fairly recently.

There's no will, just to clarify. That's why it's an unclaimed estate with the govt.

The reason for posting was really to gauge if this was completely crazy or if I might have some tenuous claim. I am now leaning towards contacting the relevant govt department as set out on the link above, once I've found or ordered any relevant paperwork.

I'm not sure why it's a new low. I accept I don't know this person, I never met them to my knowledge (in the circumstances it seems unlikely I would have, but they lived very near areas we did visit). But it seems they sadly had no family of their own, and left no will. As matters stand any money would go to the govt. Personally I'd rather someone inherited it (not necessarily me but if it is then ok) than for that to happen.

[Lockheart]

@sammylady37

Why? The estate has to go somewhere, you can't take it with you

Because the op is hoping to get her hands on a substantial sum of money/other assets that belonged to a total stranger to whom she herself had no connection. It’s vulture-like in the extreme.

She didn't have no connection. She is the child of their spouse.

Her parent was married to this person - that is a very solid and very real legal connection.

Whether it would be agreed in a court I cannot say, but to sit there and say that OP is nobody to this person is patently false.

If the deaths had been the other way around, OP would almost certainly have inherited everything.

[AcornAutumn]

OP “ am now leaning towards contacting the relevant govt department as set out on the link above, once I've found or ordered any relevant paperwork.”

I’d do this before forking out for a lawyer.

[Onjnmoeiejducwoapy]

OP I’m sorry for the ridiculous judgment you’re getting from a few loonies, the estate is either going to go to someone a little random or to the state. I’m amazed by all these people who would be morally outraged if approached by the estates office and who would chuck the money back at the state.

No harm in understanding the situation

[DisorganisedPurpose]

It is worth investigating as there may be a chance.

However if it ends up that the OP does not have a valid claim and none else does either, going to the government is not so bad as it gets put back into society.

[Catsup]

I suppose there's no harm in looking into it... But my first thoughts would be if a partner left a marriage, never divorced, changed their name completely, and barely mentioned the spouse? Then there's possibly some pretty serious reasons why they did those things on their part. Sounds like your parent wanted nothing to do with their previous partner OP, they certainly didn't want their 'share' of a divorce settlement. Even if you were eligable for this person's assets... Your parent didn't want them 😕

[HerRoyalNotness]

I’d rather the OP got it and it helped her life than it was swallowed up by the govt.