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 I also know sil has withdrawn and hid money in the past, so fil got his Care Home place paid for (needed to be less than £23250).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

@kerosene20

This isn’t correct.

It is correct. Under intestacy there is a strict order of who inherits. Spouse first, then children if no spouse, then grandchildren if no spouse and no children, then it gets more abstract after that i.e. nephews, neices etc.

@Bluntness100

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

There was no will.

@bluntness100 that's because op said there was no will

@Blackkoala

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.

But that is not how these things go. You’re either not a lawyer, or a bad one!

@nimbuscloud

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 ?

This would be true if FIL had no other living children, yes. But that's not the case here unfortunately.

Seriously ? Some of you need to read up on intestacy rules before making your pronouncements as if you are god. @kerosene20 knows what she's talking about. The rest of you not so much. The kids absolutely are entitled to their share, even if it's only £1, the car shouldn't have been given away. The person who had control can be challenged and have to make good. There are rules to follow and they haven't been.

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

this, I was thinking the same thing. It's highly unlikely there's any mass fortune hidden and at most they might have missed out on several thousand or so. Not worth making a fuss overso move on.

@Lockheart really a really basic Google is going to tell you that you’re wrong here, so best to do that.

In Scotland. I understood that dhs share goes to his descendants.

@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.

This is not right. A grandchild or great grandchild cannot inherit from the estate of an intestate person unless either their parent or grandparent has died before the intestate person, or their parent is alive when the intestate person dies but dies before reaching the age of 18 without having married or formed a civil partnership.

In this case because DFIL had a surviving child (SIL), she inherits under the rules of intestacy and OPs DCs aren’t entitled to anything. The fact that she has given them some money is entirely due to her own benevolence / discretion.

I’m sorry; you say:
DH passed away 10 months ago.
FIL passed away six months ago.
Therefore DH couldn’t “inherit” from FIL, and unless FIL left à will specifying you or his grandchildren, you don’t actually get anything. That’s how it works.
Your DCs don’t get any portion of an inheritance that your DH might have received; to the courts, four months is the same as ten years. And you wouldn’t expect your DCs to inherit if FIL died 10 years after DH (unless there was a will specifying DCs inherit).
I’m sorry though, as I know this is very painful, and some people may look at this as “morally” incorrect, especially if you and DC are financially struggling without DH and you and DH spent the most time with FIL. But no, there’s no law that any of you inherit a pence.

No decent solicitor would take this on (you might find a slimy one who will take advantage of your grief, if you agree to pay them up front - do NOT do this).

[quote Lockheart]@Notaroadrunner no, the grandchildren are not legally entitled to anything under the intestacy rules as FIL had a surviving child (SIL) when he died.[/quote]
No - if the deceased child had children, they would inherit their parent’s share. Other grandchildren wouldn’t inherit directly.

I know it doesn’t feel very nice but you haven’t been cheated. Thank

In Scotland, intestacy rules state that your children inherit your estate. Therefore SIL is the sole beneficiary.

Top right hand corner, everyone.

Intestacy rules in Scotland: www.thegazette.co.uk/all-notices/content/103535

[quote Lockheart]@Notaroadrunner no, the grandchildren are not legally entitled to anything under the intestacy rules as FIL had a surviving child (SIL) when he died.[/quote]
www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/no/yes

www.angliaresearch.co.uk/for-solicitors/intestacy-rules/#anchor1

It would appear that if there are children it's split between them all but if one has died their share goes to their children. That is in England and Wales.

www.thegazette.co.uk/all-notices/content/103535

Link to the flow chart that I posted above.

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

only nowhere did the op mention her class or the class of the family. Her fil could have lived in a council house he bought on the cheap for all you know or he may have been renting or living with sil....

www.gov.uk/inherits-someone-dies-without-will

This tells you who inherits under intestacy rules.

Her children are entitled to inherit their late father's share.

Oh god never mind, OP. Just seen your comment. This is a HUGE difference of England vs Scotland. HUGE. You cannot be disinherited by law in Scotland, for example. Sorry, OP. I suspect, like me, most of us are answering for England. In Scotland, entirely different ballgame and you are correct and may need a solicitor. Er, I think it might be best for questions of inheritance to mention if you’re in one of just a few countries that has VERY specific laws (like Scotland, France - one of the two countries I know of where you can’t be disinherited and children inherit through dead parents).

The gov.uk link also appears to state the same for Scotland - that Op's children inherits her Dh's share.

Are you sure the money wasn't swallowed in care home costs? The home I worked in previously was over £1k per week.

@Bluntness100

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

There was No will line 2 of the op. The family hid monies to avoid care home fees,they were actively concealing assets The sil is the deceased man daughter she will be beneficiary not the op