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 there spouse that was left was female, then there wouldn't be any assumption that Op was the child of the marriage!

Well if their birth certificate has both her parents named, then obviously it couldn't be assumed in either case.

I think that a pp probably has it right when they say that any "connection" to the spouse went when Op's married parent died.

I don't know why you are not listening to what people are saying . The person with the estate is not related to you in anyway . Yes he/she was the spouse of your parent BUT this parent died before this person . Any entitlement that your parent had died with them .

Not sure, but morally, would you feel right about it?

And before you are going looking this up, it suggest that you are looking to inherit actually, else why would you bother?

You could talk to a lawyer or possibly to one of those Heir Hunter firms (both options will cost you though). I can't recall the names of any Heir Hunters featured in the BBC program but I'm sure you could look it up.

THere is a huge difference between a surprise inheritance from a distant relative and seeking to get money off your dad’s wife who he had left to start a relationship with someone else. Basically in the eyes of the law her dad had an affair with her mum.

It’s disgusting!

Only on this forum would so many people be backing this!
Good digging at the highest order!

OK so if I've read correctly, your parent's estranged spouse died a few years ago. The estranged spouse was not your other parent so you have no biological connection to them.

Your parent died before their estranged spouse so technically your parent's estate passed to the estranged spouse. Unless your parent had a will drawn up stating a different arrangement. The estranged spouse's estate passes to their next of kin/ beneficiaries. As you don't have any biological connection to or have been named on their will, I don't see how you would have a claim.

@Gasp0deTheW0nderD0g your post with different options is very well explained.

I think OP, could save themselves a whole heap of hassle by letting us know which of those options they fall into.

@2pinkginsplease

THere is a huge difference between a surprise inheritance from a distant relative and seeking to get money off your dad’s wife who he had left to start a relationship with someone else. Basically in the eyes of the law her dad had an affair with her mum.

It’s disgusting!

Only on this forum would so many people be backing this!
Good digging at the highest order!

Yes, how dare people investigate whether they may have a legal claim to something which apparently no-one else wants The outrage!

I think this is interesting.

The deceased is your parent’s husband/wife.

It’s not unreasonable to suppose that the intestate deceased’s husband/wife might inherit and if they are deceased, that their child might.

I would enquire further, please update us.

Nothing gross about it, either she has a claim or she doesn't.

The only way to find out is to ignore the ill-informed if well-intentioned advice on here and see a lawyer.

Definitely talk to a very good lawyer who specialises in this area.

It could very well legally be yours and there is absolutely no shame in that whatsoever.

Good luck.

@VivaMiltonKeynes

I don't know why you are not listening to what people are saying . The person with the estate is not related to you in anyway . Yes he/she was the spouse of your parent BUT this parent died before this person . Any entitlement that your parent had died with them .

They have no entitlement under the intestacy rules.

However they can still make a claim for a grant from the estate, especially since the estate is unclaimed by any other heirs.

Whether the court agrees is another matter.

However the OP is entitled to investigate whether she may have a claim, and given her relationship to the deceased it may be quite a strong one. This is for the courts to decide.

"The deceased is your parent’s husband/wife."

The deceased was Op's parent's widow or widower.

So they should have inherited from Op's parent!

@Lockheart

A legal claim to a random woman’s money?

Her dad left this woman and set up home with OP’s mum, even if he wasn’t alive he shouldn’t have a claim on the money.

He probably didn’t divorce this woman cause he knew she had money and thought he’d get his hands on the money too! The apple doesn’t fall far from the tree,

@Gasp0deTheW0nderD0g you are right in that OP has no automatic entitlement under intestacy rules.

BUT there is nothing stopping her from making a claim to the Bona Vacantia Division.

Have you ever met your parent's estranged spouse? Were you legally adopted by them? I don't think you have a claim at all but speak to a lawyer who'll be be happy to say that you have & waste thousands of pounds

[quote 2pinkginsplease]@Lockheart

A legal claim to a random woman’s money?

Her dad left this woman and set up home with OP’s mum, even if he wasn’t alive he shouldn’t have a claim on the money.

He probably didn’t divorce this woman cause he knew she had money and thought he’d get his hands on the money too! The apple doesn’t fall far from the tree,[/quote]
It's not a random person, it's the legal spouse of her parent.

And yes, if OP decides to apply for a grant from the estate the courts may well rule that she has an entitlement to it.

"It's not a random person, it's the legal spouse of her parent."

Didn't that "legality" end when Op's parent died?

There are lots of people getting confused between automatic inheritance under intestacy rules, and making a claim for an unclaimed estate.

OP will do the latter. She is not automatically entitled to inherit under intestacy rules but a court may rule that she has an entitlement to the estate if she applies for it.

@diddl

"It's not a random person, it's the legal spouse of her parent."

Didn't that "legality" end when Op's parent died?

Yes and the Op's parent died before their estranged spouse so legally would have inherited from the Op's parent.

@diddl

"It's not a random person, it's the legal spouse of her parent."

Didn't that "legality" end when Op's parent died?

Yes, but a court may still view it favourably if OP decides to make a claim.

" but a court may rule that she has an entitlement to the estate if she applies for it."

On what grounds I wonder?

There is a huge difference between a surprise inheritance from a distant relative and seeking to get money off your dad’s wife who he had left to start a relationship with someone else.

RTFT, OP is not trying to get money of the dad's wife, he did not have one as he never married after he and OP!s mum split up. The only wife he ever had, OP's mum, died a few years ago.

These inheritance threads are always riddled with the jealousy of those who are very unlikely to inherit anything.

@diddl

" but a court may rule that she has an entitlement to the estate if she applies for it."

On what grounds I wonder?

Well that would be up to the court to decide. I can't help you there.