Cheated out of inheritance.

[Watzzap]

Sorry this might be quite long. My late dh, who passed away 10 months ago, had 1 sibling. Both he and sibling had POA for fil. I know fil did not have a Will. Fil was in a Care Home as could not manage at home. Prior to him going into Care my dh and I were first contacts for fil on Community Alarm System and visited him every day. Saying this to show we did help out and have had a lot of input with Fil. We also regularly visited fil in his Care Home.

Fil passed away 6 months ago. As my dh had also died, sil organised funeral and sorted out finances. I did not expect to receive anything from my fil’s estate, but I expected my dcs to receive their DF’s share. However, apparently fil had very little to leave, therefore my dc’s share was only £1k each! When I asked sil what had happened to the rest of fil’s money she said that was all that was left after funeral costs etc.! For background, Sil has solely dealt with fil’s finances for quite a few years, however both she and my dh were named on his main account as had joint POA, until my dh died. I also know sil has withdrawn and hid money in the past, so fil got his Care Home place paid for (needed to be less than £23250). She also took his car and gave it to her son. I also know that fil had numerous Life Insurances etc. My dh was very laid back and just let her get on with things and never said anything about how his ds dealt with fil’s finances.

Fil’s funeral costs would be around £3/4K. It now looks like she has kept all the money to herself from the account she (and my dh, prior to his death) was named on and paid all expenses from his other account, which was solely in his name. Even taking this into consideration, with his other insurances, there should have been a lot more than the £6k she says is all that was left!

Is there anything I can do? As I said, I do not want anything, but feel that my 3 dcs have been cheated out of their inheritance.

Unless DFIL had left a will, unfortunately that's just the way it goes. Morally might not be right but legally it is.

Have you seen a copy of the will?

Your children have not been "cheated" out of anything. If your FIL died without leaving a will, his estate goes to any living children (assuming there is no spouse).

If your FIL died intestate (without a will) then your SIL inherits everything outright - assuming FIL wasn't married / didn't have any more children etc.

No cheating here, she's entitled to all of it.

@HollowTalk

Have you seen a copy of the will?

It's literally in the first few sentences of the OP - no will.

@HollowTalk

Have you seen a copy of the will?

theres no will, says so in the OP

So your late husband was complicit in fiddling the system re hiding assets and the care costs, and that’s now come back to bite his children?

Legally, your children are not entitled to any of it. It does seem like the difference of maybe only 5 or 6k though, and in the grand scheme of things, it’s not worth making a fuss about. I would honestly suggest just putting it behind you. She has clearly fleeced the estate, and if it was a six figures sort of thing I might push it, but I don’t think it’s worth the aggro.

@HollowTalk

Have you seen a copy of the will?

Did you even read the OP

@astoundedgoat

Legally, your children are not entitled to any of it. It does seem like the difference of maybe only 5 or 6k though, and in the grand scheme of things, it’s not worth making a fuss about. I would honestly suggest just putting it behind you. She has clearly fleeced the estate, and if it was a six figures sort of thing I might push it, but I don’t think it’s worth the aggro.

It doesn't really matter if she fleeces the estate. If FIL died intestate with no living spouse and SIL is his only surviving child then it all goes to her automatically in any event.

No your FILs estate would have gone equally between all children and if any of them had predeceased him their share would be divided equally between their children. Did your children receive a breakdown of where the funds have gone? They should have received estate accounts showing all monies in and out and the conclusion. The car should have been sold unless it was offset by SILS share. If funds went before he died, from experience people aren’t particularly interested in pursuing or helping. But if you think the attorney has abused their position you should take advice from the office of the public guardian.

@HollowTalk

Have you seen a copy of the will?

There was no will.

Your children should have received your Dh's share. If you can afford a solicitor I suggest you engage one to get the information you need, as I doubt SIL will happily tell you the truth of what was left in FILs estate.

My mum had Fuck All left when she died, we all had to chip in for her funeral costs.
All her assets went on her care home fees, anything that was left was used to buy her clothes.

This isn’t correct.

Even if a will said half to be left to your DC you'll never know how much he had in his bank accounts. Or how much was hidden away to avoid paying care costs. Happened to me with my DF's second wife.

Sorry I was trying to reply to @Lockheart

You don’t actually say what the will said, just what you feel your kids are entitled to?

@Notaroadrunner no, the grandchildren are not legally entitled to anything under the intestacy rules as FIL had a surviving child (SIL) when he died.

@Cocomarine

So your late husband was complicit in fiddling the system re hiding assets and the care costs, and that’s now come back to bite his children?

Yes, this I’m afraid. I’m astounded at how casually you mention it. Funny how this kind of (often middle class) fraud is socially acceptable but everyone hates a working class benefits cheat.

@kerosene20

No your FILs estate would have gone equally between all children and if any of them had predeceased him their share would be divided equally between their children. Did your children receive a breakdown of where the funds have gone? They should have received estate accounts showing all monies in and out and the conclusion. The car should have been sold unless it was offset by SILS share. If funds went before he died, from experience people aren’t particularly interested in pursuing or helping. But if you think the attorney has abused their position you should take advice from the office of the public guardian.

👏🏻 Very helpful response. I still think the missing money is his own fault as he was complicit in his sister hiding it to fiddle the care payments though!

I would think contacting officials or a solicitor will bring to light the hidden money which belongs to the care home. I spose you could inform care home of that.

@Cocomarine

So your late husband was complicit in fiddling the system re hiding assets and the care costs, and that’s now come back to bite his children?

This is a true observation. The entire family was complicit in the fiddling and now surprised that one of the is better at fiddling than the rest.

I also know sil has withdrawn and hid money in the past, so fil got his Care Home place paid for (needed to be less than £23250).
Did you say anything about this, or we're you happy to go along with it.

If your DFIL didn’t have a will, your DCs didn’t have an inheritance. I’m very sorry but that is how these things go.

Your children have not been "cheated" out of anything. If your FIL died without leaving a will, his estate goes to any living children (assuming there is no spouse).

I don’t think this is correct.
Reading gov.uk website on intestacy rules the estate passes to children or to grandchildren if their parent dies before the deceased person. So yes, the op’s 3 children should have received half their grandfather’s estate.
Have you sought legal advice op ?