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!

[soschreibfaul]

It's not disgraceful or disgusting to enquire about this.

Most of us are not lawyers. OP, please find out from people who know. If you're not entitled to anything, you're no worse off.

[NotBrigitteBardot]

I am really impressed by the posters with such high moral standards that if they received a large inheritance from a stranger, they would say ‘oh no, I couldn’t possibly take it, give it to the government for the common good’.

[TeenPlusTwenties]

Either a lawyer, or try an Heir hunting company? They'll take a cut if there is a claim but they'll sort all the paperwork for you. The heir hunters might have the advantage in only being paid if you win whereas you might have to pay a lawyer regardless.

[diddl]

@flaviaritt

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

Behave!

I think when you put it like that...

Lesson to everyone to make a will-or get divorced!

Wonder why the spouse who was left didn't divorce after 5(?) yrs?

[CatRed200]

I agree- find out from a lawyer. I did a bit of probate law (just via study) back in the day and there is a good chance you have a claim.

Anyway- why should she not look into an unclaimed estate? Otherwise it goes to the Corwn or the Government. Much better to go to a real live person who appreciates it!

[SixesAndEights]

@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.

Lol, aren't they?!?! Currently using billions of pounds to give to their mates for extremely dubious contracts and being pursued through the courts because of this.

[Mrgrinch]

@NotBrigitteBardot

I am really impressed by the posters with such high moral standards that if they received a large inheritance from a stranger, they would say ‘oh no, I couldn’t possibly take it, give it to the government for the common good’.

In my opinion there's a very big difference between being unexpectedly given money from a deceased person who had no kin, and actively seeking it out.

[UsernameWontSave]

In September my DH was contacted by ‘heir hunters’ regarding a distant relative he’d never heard of and we’ve since completed the relevant paperwork.
I’ve been compiling our family trees for years so have an interest and decided to do some investigating myself. When I googled I found the ‘deceased estate’ was published in The Gazette (which I assume might be standard for bona vacantia deaths) along with the name and address of the executor/administrator to be contacted.
There is a ‘pecking order’ and it sounds like your claim might be complicated but there’s no reason why you shouldn’t submit an interest. However, there is a time limit so move sharpish Op.
Ignore the ‘grabby’ posts.

[TaffyandTeenyTaffy]

Get some advice. Did your parent leave a will.... because if not then given the sequence you describe i think their estate should pass to the estranged spouse before any children. Always divorce and make a will.... it saves any uncertainty.

[Rachie1973]

Nothing ventured nothing gained.

[Bluntness100]

I can see hour point op. Your parent and this person were legally married until your parents death. I suspect as they died first there is no claim, but I think worth trying. Nothing ventured nothing gained.

[JellyfishandShells]

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

This ‘ooh, don’t let the government get their hands on it’ nonsense. It’s not going into the MP’s pockets for a knees up, goes technically to the Crown ( again, not actually the Queen having party ) then HM Treasury, where it is used like all other taxations to fund things like the NHS, education, defence etc etc to the benefit of the public as a whole. So actually it is morally better than some random person getting it.

[CatRed200]

my cousin was contacted out of the blue by a solicitor saying she had inherited 2k. she thought it was a hoax of course as she could not recall the person, but it was not.

She bought a silver bangle and had the initials of the deceased person engraved on it and fixed her boiler.

There is a pecking order in intestate estates, but the OP may as well look into it.

[Osteomancer]

I would think it totally depends on the order of death.

[dontdisturbmenow]

I'm assuming the person who died was the partner if your birth father?

There are different scenarios. Did you father leave a will. If so, assume his partner was the sole beneficiary of his estate. Everything is now theirs and there are no reason why you should be entilted to anything.

He didn't leave a will but they were owners as joint tenants. The house would have passed in to her. You would have been entitled to any other assets.

He didn't have a will and they were tenants in common. The half of his house would have gone to you. You should have been contacted unless they couldn't trace you. You could potentially still be entitled to that half (assuming he didn't have any more children in which case it would be shared).

[Mcnotty]

[quote 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.[/quote]
Dear God! leaannb is not the one being nasty here. OP may in some strange twist be entitled to something by law but I’m sure the deceased man/woman will be turning in their grave. Not that OP cares though.

[Standrewsschool]

I don’t think you will inherit directly as you’re not his biological child, but your mother would have. Then it depends on the terms of your mother’s will.

[Mommabear20]

You have no claim. My dads dad remarried after my dads mum died. His dad then passed a few years before his second wife. My dad and his brother weren't entitled to anything as the legal contract of marriage ended when his dad passed and left everything to his wife.

[Ringsender2]

@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.

At the moment a lot of Govt money is siphoned quite effectively into their mates' pockets!

OP, if I were you I would definitely contact the relevant people. I would imagine at this stage it's a case of throwing your name in the hat while they do checks for 6th cousins etc. (I would also feel a bit odd about it, same as you. It took me years to contact the administrators of my godmother's estate. In the end I couldn't stand not knowing! So,for that reason alone you definitely should!)

[MsTSwift]

It’s not a case of “throwing your name into the hat” 🙄 it’s the intestacy rules and it seems no claim as they died in the wrong order

[Standrewsschool]

@Mommabear20

You have no claim. My dads dad remarried after my dads mum died. His dad then passed a few years before his second wife. My dad and his brother weren't entitled to anything as the legal contract of marriage ended when his dad passed and left everything to his wife.

But in this case, the man was still married to op’s mother, so they were legally man and wife, despite op’s mother now living with op’s dad. So I think that’s a slightly different situation.

[MsTSwift]

Yes but if mum is dead before the rich husband the marriage link is over as op a step child of deceased not his child. If mum died after rich stepdad yes game on op will inherit

[billybagpuss]

My parents were contacted by heir hunters they take 25% if they contact you but if you know who it is you can pursue it yourself. All you can do is register your interest, your claim may be tenuous but it really depends on who else there is. Fraser and Fraser were the ones that contacted my parents, the same ones as from the tv show. it’s worth a phone call if nothing else.

[olderthanyouthink]

Getting irritated by the assumption that the wealthy dead person is male and the spouse who left and had OP with someone else is male. Maybe that's the case but it's not been said. Just me?

[Gasp0deTheW0nderD0g]

Lots of people here not reading what the OP said. It's perfectly clear in the first post:

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. So OP's parent could not have inherited anything from the abandoned spouse.

If I understand correctly, OP does not inherit her parent's status in relation to abandoned spouse. It's not like the case where Tom says 'I leave everything to my two children, Sam and Alice', Alice dies first and so Alice's share is divided between her two children.

Also, lots of people telling OP what they think should happen in an ideal world, when what she needs is advice on the law, which operates on facts, not whim.

As I said earlier, we don't have enough information. Using made up names, I would say the possibilities are:

1. John and Mary got married, had no children, separated, didn't divorce. John had a child with Paula. John and Paula both died some years ago. When John died, Mary became a widow. She didn't re-marry and is not known to have given birth to or adopted any children, so when she died last year her estate would pass to other blood relatives, if any can be found, or to the Crown, which means to the government. Mary was no relation whatsoever to the OP so OP could not possibly inherit any of Mary's estate.

1. John and Mary got married, had no children, separated, didn't divorce. Mary had a child with Paul. Mary and Paul both died some years ago. When Mary died, John became a widower. He didn't re-marry and is not known to have fathered or adopted any children so when he died last year his estate would pass to other blood relatives, if any can be found, or to the Crown, which means to the government.

(a) Option 1: Mary named Paul as the OP's father on her birth certificate. This means OP is no relation to John so OP couldn't possibly inherit anything.
(b) Option 2: Mary didn't name anybody as the OP's father on her birth certificate. In the case of a married woman giving birth to a baby, the law assumes her husband is the father. Whether this means the OP has an assumed legal relationship to John is something a lawyer would have to confirm.
(c) Option 3, which seems extremely unlikely to have happened from what OP says - Mary named John as OP's father on her birth certificate. If John had known of this in his lifetime he could have challenged it and got a DNA test. I have no idea what would happen now if the Crown challenged OP to prove John was her father.

You could see a lawyer, OP, but my honest opinion as an interested layperson here is that you'd be wasting your time and money.