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 I also know sil has withdrawn and hid money in the past, so fil got his Care Home place paid for (needed to be less than £23250).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.

@GertrudePerkinsPaperyThing

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.

^^
This

I really wouldn’t rock the boat if she’s willing to give them £1k each! It’s literally a gift from her if she does this.

It’s absolutely not a gift from her.

The FIL’s children, if he died intestate with no wife, inherit his estate in equal shares.

The share that would have gone to his late son defaults to the son’s children. The children are entitled to that by law.

The only way the SIL would be entitled to it all would be if she was an only child, or if her late brother had no legal heirs.

@GreenFingersWouldBeHandy

I feel guilty that they haven’t received their entitlement

I'm very sorry for your losses. But no-one is entitled to anything. Maybe reset your expectations (and those of your children). Help them heal and forget about the money.

When it comes to people dying intestate there is absolutely entitlements

Those entitlements are legally how the estate should be divided.

No wonder so many people cock up being executors with some of the shite being declared as fact on here

Their share (of what wouldn’t go on carehome funds) would amount to around 3k each after funeral costs - and that’s only if there’s no other debts. Not life changing not worth the headspace imo when they’ve lost a parents and grandparent in short time.

On further reading, it seems like a claim on inheritance has to be made within six months of probate/letters of administration.

@Heyyouwhatsthatsoundo

Their share (of what wouldn’t go on carehome funds) would amount to around 3k each after funeral costs - and that’s only if there’s no other debts. Not life changing not worth the headspace imo when they’ve lost a parents and grandparent in short time.

Is that supposing that all FIL had was approx his "allowance" in savings?

Isn't that the thing-that Op thunks that there was more than this?

@GenderApostatemk2

On further reading, it seems like a claim on inheritance has to be made within six months of probate/letters of administration.

That covers people who weren’t properly financially provided for in a will or intestacy provision.

The case the Op is suggesting is that her SIL mismanaged the estate. That’s not the same thing.

I would check how SIL has taken money to let FIL have free care home fees - but you may not wish to as that will open up a whole other thing

We have two daughters, each of them have two children. Or youngest daughter died 10 years ago. We changed our will to show that eldest daughter receives half of our estate and youngest daughters children get their mothers share divided between them. Everyone involved knows what the arrangements are so there will be no surprises. Unless you can prove you fil was mentally incapable of making a will to include your children I think you’re stuffed .

Thank you to those who have given me good advice, it is appreciated. However the accusations against myself and my late dh (who cannot defend himself) leave a sour taste in my mouth. My dh was my soul mate and we had been together for over 35 years. His death is still very raw in my mind.

In the last year I have lost my dh, my dsis, my dfil and my best friend. I have also unfortunately been diagnosed with a progressive illness. For the sake of my mental health I will not be returning to this thread.
Thank you all.

@Watzzap Keep well

@Littleclue

We have two daughters, each of them have two children. Or youngest daughter died 10 years ago. We changed our will to show that eldest daughter receives half of our estate and youngest daughters children get their mothers share divided between them. Everyone involved knows what the arrangements are so there will be no surprises. Unless you can prove you fil was mentally incapable of making a will to include your children I think you’re stuffed .

Sorry just saw this as I was signing off! If you have read the other posts on this thread, or even only mine, you will see that you are posting complete rubbish. Go and look up the law on inheritance.

How many times do people have to attach guidance, put links on threads, or simply quote inheritance guidelines for it to get through to some people that they don’t know what they are talking about? I am sorry about your dd, but you are simply and completely WRONG!

www.gov.uk/inherits-someone-dies-without-will
Government website. In England and Wales grandchildren inherit deceased parents share. Try it out.

@Littleclue

We have two daughters, each of them have two children. Or youngest daughter died 10 years ago. We changed our will to show that eldest daughter receives half of our estate and youngest daughters children get their mothers share divided between them. Everyone involved knows what the arrangements are so there will be no surprises. Unless you can prove you fil was mentally incapable of making a will to include your children I think you’re stuffed .

You are very wrong. There was no will do the laws if intestacy apply.

If the last of you to die dies without a will then your late DD’s share would go to her children.

The only way they wouldn’t get their mother’s share would be if you specifically left a will omitting them and leaving everything to your other daughter.

OP

Given how many people have been repeatedly wrong on this thread it’s worth pointing out that if you take charge of dealing with an estate under the rules of intestacy and do it wrong then you can personally be responsible for financial reparations (same if you’re an executor of a will and fuck it up).

All of you who have been so strong in your wrong beliefs please be very careful if you ever find yourself in that position - your being adamant of wrong information could be very financially expensive!!

I don't understand why people say things with such certainty when they clearly have no idea what they are on about. Why not do a quick internet search before saying your own understanding so authoratively. Makes you look a bit of a nob when you're wrong

My siblings and i inherited from both our Gran and Uncle because our Dad died before them, so we received his share. So I knew the op's children should have inherited their father's share. Didn't stop me doing a quick check on gov.uk website

I hope you get this sorted op. I would ask your SIL for a breakdown of the finances and see how she reacts

@Littleclue

We have two daughters, each of them have two children. Or youngest daughter died 10 years ago. We changed our will to show that eldest daughter receives half of our estate and youngest daughters children get their mothers share divided between them. Everyone involved knows what the arrangements are so there will be no surprises. Unless you can prove you fil was mentally incapable of making a will to include your children I think you’re stuffed .

Again, more misinformation.

If mIL was named beneficiary on the Life policies then the proceeds should be distributed in line with intestacy rules and the POAs would not be permitted to nominate beneficiaries.

@Watzzap - It sounds like you have had a terrible time recently - all best wishes to you

I think there are two things here - potential deprivation of assets - to get free care home & then inheritance. -

Quite tricky to sort out for all sorts of reasons

In your current situation I would honestly think how hard you want to pursue this and what it might be worth. (whether that means you are out of pocket so to speak - but depends how much is worth making life more stressful )

Probably not great advice but a thought.

I do wish you well

I am not sure if the law in Scotland but surely your sil would have to declare all life policies etc?

In the uk you can keep savings of £16000 I think.

I understand what you are saying and I would be asking for copies of what she lodged with the authorities?

Put the wind up her.

As far as declaring life policies for financial assessment on care costs, unless it operates differently in Scotland, life policies cannot be taken into consideration when assessing eligibility for care funding.