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!

[Jpr95]

Yes, I'm not rushing out to pay for a lawyer, I'll contact the govt, if they say no then that's fine. Easy come easy go. I won't lose anything by enquiring.

And of course for arguments sake I don't know how the person who died came by their money and whether any of that was contributed by my parent in the years they were together. Possibly given some things my parent told me about their life before I was born (not mentioning spouse of course). I don't know, and everyone involved is sadly dead.

[sammylady37]

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

This is someone she didn’t know, had never met, didn’t even know they had died and it’s not entirely clear if she even knew of their existence until she went looking at the family tree.

Yet she’s circling for the substantial spoils.

Did the deceased even know of her existence, I wonder?

And I see nothing whatsoever with the estate going to the government to be redistributed to society, why is that something to be avoided at all costs?

[sammylady37]

Nothing wrong whatsoever

[Lockheart]

@sammylady37

*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*

This is someone she didn’t know, had never met, didn’t even know they had died and it’s not entirely clear if she even knew of their existence until she went looking at the family tree.

Yet she’s circling for the substantial spoils.

Did the deceased even know of her existence, I wonder?

And I see nothing whatsoever with the estate going to the government to be redistributed to society, why is that something to be avoided at all costs?

It doesn't matter that they never knew each other. Whether they knew of her is of no consequence either.

You can be a long lost cousin and still inherit from someone you've never heard of if there's no-one else. You can even actively hate someone and still inherit from their estate if that's where the legal path leads. Their personal relationship is of no relevance - what matters is the law.

There is nothing wrong with an estate going to the Crown. There is also nothing wrong with it going to someone who has a valid claim either.

[SilverBirchWithout]

I think it’s worth checking it out. Legally your parent could have inherited, if still alive, because they remained married to this person. In some circumstances you would inherit as the descendant, but I’m not sure this applies if not the blood relative of the deceased. Legally you are a step-child though, so in the absence of blood relatives you may possibly have a claim.
I understand to some people this feels a little tacky, but this is the problem if there is not a will. I personally would contact the court appointed executors and if a windfall come my way make a donation to a charity representing some area that was relevant to the deceased’s life and interests

[Jpr95]

I don't know if the spouse knew about me, probably not but there are lots of unanswered questions. I wasn't told why they didn't divorce, it was hinted by my parent they had gone overseas but they didn't and were still living in the same area. There clearly were reasons behind it all though.

[SixesAndEights]

I'd love an alternative Downton Abbey where, on being approached as the next heir, the bloke turns it down as he doesn't know the family.

[Milliepossum]

I think you need to follow up the govt department OP, as someone said, you are the person’s stepchild because your parent was still married to them (and would still be if everyone was still alive). Whether the death order affects this is a legal question. If you are entitled to inherit then good, there are plenty of people who inherited from people they have never met. Don’t let anyone discourage you from making a claim. If it’s a no in the end at least you will know instead of regretting not applying for it later on in your life.

[Famousinlove]

A stepchild is a child from a previous marriage, not current

[MrsClatterbuck]

It looks like this person died without a will and no known relatives. This is known as Bona Vacantia and the money if no heirs are found goes to the crown estates. This will be dealt with by the crown solicitor. Though I found out that there are certain parts of the country where the money instead of going to the crown can go to for instance a museum or even the Duchy of Cornwall. I assume that the crown solicitor will pass the case to one of those firms that do the digging around for them otherwise known as heir hunters. It doesn't look like you have a case for inheritance from what you have said but no harm in enquiring is there?

[starfishmummy]

@olderthanyouthink I agree. But was probably enshrined in law when wives were considered the husband's property!!

Google brought up this - There is a presumption of paternity in relation to a child born to a married woman in favour of the husband.

The full site, no kdea how reputabke it is - www.inbrief.co.uk/child-law/parenthood/#:~:text=There%20is%20a%20presumption%20of,these%20are%20'rebuttable'%20presumptions.

[MoreLikeThis]

I would pursue this too.
Hope it works out for you OP. Please update the thread if it does.

[cabbageking]

How are you related to the deceased?

[SilverBirchWithout]

OP have you read this:
www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

It doesn’t look like you have a claim as you are not related because you are not related. I would still check though. Doing your family tree research are you sure this person does not have any nephews/nieces/cousins/great nieces/second cousins etc. It would be highly unusual to not have anyone with a claim.

[Tierful]

Your parent could well have brought assets to that marriage that they didn’t take away - for whatever reason. So on that basis alone I’d say go for it. Especially as your parent changed their name and never pursued divorce.

(I can’t be the only one filling in the blanks/ making up a full back story??)

Ignore the weird ‘it’s gross’ posts, honestly some people.

[Winterwoollies]

Ignore Leaannb they’re always like this on threads.

It’s not gross, it’s an honest question. Would you people rather the government swallowed it up?!

[IKEAwebsitecompletecon]

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

I don't understand what's so terrible about the government getting this money. It's not the 14th century, the government aren't a bunch of robber barons. The money goes to us for services we need.

[ivfbeenbusy]

Only a spouse, a blood relative or an adopted child can inherit automatically from someone who dies without a will

OP is for all intents and purposes a step child but only by virtue of the fact her mother didn't divorce this man.

It will more likely go to a second cousin or something

[RainingBatsAndFrogs]

Post in legal with a title like “ who has a valid claim in the case of intestacy” and get a factually based answer.

Or this lawyers website has a good explanation, and the lawyer offers a free consultation phone call to see if you have a case. www.pearsonlegal.co.uk/site/individuals/inheritance-will-disputes/intestacy-rules/?gclid=EAIaIQobChMImqzY8duk7QIVC-vtCh0QYgVXEAAYASAAEgJWmPD_BwE

[Onceuponatimethen]

Op you do need to ask a lawyer this question - a probate specialist

Never gross to check out your rights. Perfectly ok to ask

[OneRingToRuleThemAll]

I would pursue this to see if you have a claim on the grounds that a husband is the presumed father legally. All the time on Mumsnet we are reminded that marriage is more than just a piece of paper, and confers legal rights. This could be another example of this.

[JosephineDeBeauharnais]

I think OP is being coy about who’s who here because the wealthy deceased is her father’s (ex) wife, not her mother’s (ex) husband and on that basis she wouldn’t stand as a child of the marriage would she?

[MiniCooperLover]

I think you should approach the govt dept and take it from there

[YoniAndGuy]

Yes, legally you could be considered a ‘child of the marriage’ HOWEVER if your birth certificate records that your father was someone else that could override it. But yes it’s worth contacting a solicitor

[Unsubscribed]

This is really interesting , I think you are wise to pursue it OP. I hope you can inherit something ,