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!

If someone died intestate then the money would go to their spouse and, presumably and that spouse had died , if there was no one else, then to the second person's child.
Sounds hopeful OP.
Come back and tell us even though there will be much critical slagging if you land a fortune
Perhaps the original spouse was happy for the money to go to deceased ex, if there's no where else for it.

It’s a shame for you about the order of death.

If estranged spouse died intestate with no kids your parent as legal spouse takes the whole if they have no kids and first £270 and half the rest of they do. You could then inherit from your parent.

However your parent is already dead so estranged spouse estate passes to their children if no children to their parents failing that their siblings if none passes into bona vacsntia. As a step child you would not inherit under an intestacy here.

If the spouse has died before your parent your parent would have inherited and then you would from them.

Just for the record, OP, I sometimes fantasise that an unknown, but super rich relative leaves me millions. I’d rather dream about this scenario than think about reality, which is that my inheritance will come after my parents’ deaths.

I don’t think it’s “gross” to ponder about the possibility.

I'm not a lawyer but I would have thought the answer to your question is no. Would be much easier if you'd say whether the deceased person was male or female, as in this case as far as I understand it, it could make a difference.

E.g.

John and Mary marry. Mary leaves John and starts new relationship with Paul. Mary and John never divorce. Mary and Paul have a child. Paul isn't names as the child's father on the birth certificate. The law therefore assumes that the father is John as he is still Mary's husband. I have no idea how this affects the child's birth certificate. I assume in life John could dispute paternity and that would easily be resolved with a DNA test. However, if none of that happened and if John was named as the child's father on the birth certificate, there is a slim chance that the child (OP) could now claim John's estate, even though this is clearly unfair, as she would have no blood relationship to John at all and never even met him.

If it was the other way around, and John left Mary and had a child with Paula, I can't see that the child could have any claim on Mary's estate at all.

Waiting for a lawyer to turn up and put us all straight! But we do need a bit more information to go on.

@IKEAwebsitecompletecon I think the issue is, is one person’s estate, even substantial, won’t make any kind of difference to anything if swallowed up by the government. It just wouldn’t make any discernible change to anything, the government is not an efficient machine whereby you get out what you put in. But it could make a huge difference to one family’s life and future.

I think if your parents spouse died before your parent and they were still legally married your parent would inherit the estate.

When your parent passed away you would inherit from you parent.

So who died first? Can you prove your parent was married to this person. Basically.

@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.

You what?!

The robber barons of the C14th were a hell of a lot more honest than this lot.

www.thelondoneconomic.com/politics/how-the-tories-normalised-corruption-report/14/10/

They died in the wrong order for op to inherit.

I have no sympathy for the deceased it’s very easy to make a will if you can’t be bothered to even do that then fair enough relatives will have a go.

You should ABSOLUTELY have a claim if your mom died after the spouse. Marriage is binding. Estate should pass to spouseyour momand then to you. I would pursue no matter the order actually because your mom would have a claim.

I am not in UK, but my parent never divorced. When my father died he had lived with someone else for 30 years. Did not matter--my mother was his wife and had rights to his estate. Family did right by my father's partner, but legally marriage is usually absolute.

I don't know if the spouse knew about me

Is this a joke? You're trying to claim the estate of a person you never even knew? This is really disgraceful OP.

You might have a claim if they never divorced as some of the assets might have been awarded to your parent if they had and then passed to you. It's an unusual situation though.

I think you need to take advice as I do know someone who died unmarried and intestate (no will). Their estate was shared this way: next of kin (parents) deceased, so went to parents immediate next of kin (siblings) and where their siblings were also deceased their share didn’t cease to exist, it went to that person’s children.

This is different as it involves blood relatives but as your mum was his next of kin and is deceased I would think it’s worth checking on these grounds.

Such an interesting scenario. I'd certainly investigate, OP.

It's worth asking the question.

I really dont get some of the posters who are getting so cross about this. However I am sure they would all be in the queue if they thought they would have a claim.

You've got nothing to lose by enquiring. You might not have a claim because the spouse died after your parent, but who knows?

So basically you want to inherit money from someone you never knew just because your parent never divorced? This is beyond greedy op.

Well, Leanne would send her dad to the electric chair for nicking a few painkillers so you can safely ignore her. Her contributions make me roll my eyes like frigging Catherine wheels.

Every year, people inherit from people they've never met. I suspect you're on a hiding to nothing but you might as well try.

If there was anything, you have already inherited from both your parents?

Did the spouse get anything??

Definitely better that a person gets the money, rather than the government. Good luck, OP.

They died in the wrong order for the op to take. If spouse died before her parent they inherit then op does. But if her parent already dead it passes to the deceased extended family

Desperation!

I thought I had seen everything on this forum but this is an eye opener for me!

This money has NOTHING to do with you, I hope she was either penniless or has a niece or nephew somewhere that can have it. Your father walked away from this marriage , maybe not legally but he met your mum and moved on, forget about the money.

Instruct a solicitor OP, if only to remove the risk of 'if only'. You'll see from the variety of answers that many PPs won't know the laws of intestacy in your jurisdiction.

Good luck.

So your parent left their spouse, and now you want the spouse’s money?

Behave!

Take advice but I think that’s what you will be told.