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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be a bit upset that my mum doesn't know who inherits the house?

496 replies

chillyolives · 26/05/2024 07:44

My mum is 55. My step dad is 44 (don't call him that, to me he's my real dad)

Anyway, I asked her casually what happens to the house if she and my dad were to die.

She said it's being left to the kids. So assuming me, and my 3 technically half siblings

I said, is she sure I would even get something since I am probably not named as one of the kids, as I'm not my dads biological etc etc

She said really absent mindedly 'oh I don't know actually, I'm sure you are included surely'

And then changed the subject.

Does anyone know if I would actually get a share of the house or not?

My mum is a lovely, lovely woman but has raging ADHD and avoids any direct, pressing issues she'd aerially have to go and find out via a 3 step process of more etc

So it's not that she's avoiding the truth on purpose, I'm sure.

My dad is a man of few words. To everyone. And I feel too awkward asking him Blush

OP posts:
PaminaMozart · 26/05/2024 19:40

@chillyolives - you should post in Legal Matters to get proper advice.

Many posters are focusing on wills, but the crucial factor is how your parents hold the property.

If it is held as joint tenants, the survivor inherits from the spouse who dies - and can then do whatever they want in their will. So your mum dies, stepfather inherits, and could leave it to his biological children only. Or the reverse if step-dad dies first.

If on the other hand the property is held as tenants in common, each spouse owns a specific share - usually 50% each. In this case each spouse can leave their share to whoever they want to.

Often people in the latter situation will have a will which allows the surviving spouse to reside in the property until they too pass. However, this requires estate planning and solicitor involvement, and it seems unlikely that your parents are inclined to deal with this.

Not sure what the solution is but hopefully the helpful posters who frequent the Legal Matters board will have some suggestions.

Didimum · 26/05/2024 19:44

saraclara · 26/05/2024 19:38

She's asking because a) she doesn't want the hurt when it happens, and b) she's the one who's going to end up looking after her much younger siblings. Potentially with no funds with which to do so.

If I was potentially going to end up being the carer and mother figure to orphaned young children, I would absolutely want to make sure that the will factored that responsibility in.

Once again … (and this is the third time I’ve posted this now) … I said that I think she is entitled to the information if she is expected to sort out her mum’s affairs after her death, but not if she ONLY wants to ensure she’s included.

Imbusytodaysorry · 26/05/2024 19:50

I get this .My dad had three kids me eldest . remarried they had one child .

I was told the will is split this way
dad has half wife has half. .
dad has to split his half between 4 kids . His wife gives all “her “ half to their child.

Now if it was £1000 I’d like it split by 4
it’s been close on 40 years we have knew since the ages of 1-8 my dad has always provided and we have been given the minimum as she controls the purse strings .

Their one child has plenty and works in oil he went to uni had the settled life .
The other three of us had a broken home and fought for all we have .

I’ve said I want nothing . It’s not about the money it’s about the indifference . It’s disgusting.

Saschka · 26/05/2024 19:58

karottybagel · 26/05/2024 18:31

If you tell someone they are beneficiary of your will they may decide to hasten your death or at least nor prolong it, for the wrong reason. They may also try to discourage you or your POA from spending

If I seriously thought my child was going to murder me to get his hands on my money a bit sooner, I’d have bigger issues than the will to deal with.

You sound like you’ve been reading too many Agatha Christies. There are very few parricides in this country, and those that there are, are not usually committed to get their hands on their mum’s semi in Reading.

saraclara · 26/05/2024 20:03

Didimum · 26/05/2024 19:44

Once again … (and this is the third time I’ve posted this now) … I said that I think she is entitled to the information if she is expected to sort out her mum’s affairs after her death, but not if she ONLY wants to ensure she’s included.

You: "but that’s not why OP asking. She’s asking as she wants to ensure she gets a slice."

Where do you get that from?

Youcantellalotofthingsabouttheflowers · 26/05/2024 20:07

Yes. My Nan is like this. She has told me I am listed the same as her own children instead of a grandchild. I'm not sure why she chose to do this but she's been very transparent, God bless her

Funny how OP is listed in her grandmother’s will and not her siblings. Is that not the same thing?

Unless it is her birth Dad’s mother..

Gasp0deTheW0nderD0g · 26/05/2024 20:13

karottybagel · 26/05/2024 18:31

If you tell someone they are beneficiary of your will they may decide to hasten your death or at least nor prolong it, for the wrong reason. They may also try to discourage you or your POA from spending

Goodness me, you have a very dark view of human nature. I know that my brother and I are the beneficiaries of my mother's will. Are you saying that my brother and I must be planning to muder or neglect her? Really?

willWillSmithsmith · 26/05/2024 20:22

karottybagel · 26/05/2024 14:39

If my stepchild asked if they were in my will I would write them out

What about your biological one?

Gasp0deTheW0nderD0g · 26/05/2024 20:26

willWillSmithsmith · 26/05/2024 20:22

What about your biological one?

Probably in protective custody in case he/she comes over all murderous. (See my post above which quotes the most recent post from this delightful poster.)

willWillSmithsmith · 26/05/2024 20:29

Sitting on the sofa watching tv with mum and having a chat and a laugh. “Hey mum I’ve been wondering, have you sorted a will?” “Yes sweetie, I have”. “Am I in it” said with a lighthearted chuckle. Mum gets up, makes a phone call to solicitor : “I want my daughter removed from my will asap, I’ll see you first thing tomorrow to sign it off”. Goes back to sofa to continue watching tv with daughter.

DistinguishedSocialCommentator · 26/05/2024 20:30

OnGoldenPond · 26/05/2024 18:13

@DistinguishedSocialCommentator we are tenants in common on the house and have each left each other a life interest in the home then to the DC after the second spouse death. So lessens likelihood that all home value would go on care fees. But they are also both intelligent financially savvy adults so they understand that the will only applies to the assets that are left on death.

Not sure you comprehend how 'Care fees' work

Below is a helpful link - easier to read than the others I have seen

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs39-paying-for-care-in-a-care-home-if-you-have-a-partner.pdf

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs39-paying-for-care-in-a-care-home-if-you-have-a-partner.pdf

OnGoldenPond · 26/05/2024 20:40

@DistinguishedSocialCommentator yes I understand the rules relating to paying for care thanks. Nothing in that information sheet you linked contradicts it. In fact had to negotiate all this when my late DF entered a nursing home. Age Concern were indeed a great source of information and advice.

CharlotteBog · 26/05/2024 20:40

Christ, I'm 53 and if my kids asked about the contents of my Will I'd wonder where I went wrong.

saraclara · 26/05/2024 20:42

CharlotteBog · 26/05/2024 20:40

Christ, I'm 53 and if my kids asked about the contents of my Will I'd wonder where I went wrong.

Even if the one who asked could end up having to be the parent to their orphaned half siblings?

willWillSmithsmith · 26/05/2024 20:50

CharlotteBog · 26/05/2024 20:40

Christ, I'm 53 and if my kids asked about the contents of my Will I'd wonder where I went wrong.

Strange.

OnGoldenPond · 26/05/2024 20:51

I agree OP needs to know what arrangements (if any) her parents have made for her young half siblings and if she will have the means to care for them. Very unfair of them not to have initiated discussions with OP on this already. OP is showing much more maturity here than her own parents.

Samlewis96 · 26/05/2024 20:57

chillyolives · 26/05/2024 16:20

@Youcantellalotofthingsabouttheflowers

Again, it's about what 'my share' represents, obviously

You really think it's absolutely normal and not at all strange to have 4 DC and leave just one of them out? Confused

I am one of 4 on my dad's side. With exception of house which automatically passed to SM the rest of his money / possessions were left to one of us ( not me)

On my mums side I'm one of 3. She left myself and next brother and own 20% each of house. My youngest sibling was left 60% of house and everything else

No worth getting upset about tbh

Samlewis96 · 26/05/2024 21:06

PeachBlossom1234 · 26/05/2024 15:40

By lines of succession the house and assets will automatically transfer to the spouse. So if your mum dies first it’ll transfer to your dad. If he then dies without a valid Will it will transfer to his children. And vice versa. So in theory, unless it’s in their Will you could be left out and this happens daily with stepfamilies - I see it in my profession literally every day. It’s sad and unfair but they have ample opportunity to make it fair. I also see daily that couples promise to give a share to their spouses children if they die first and they immediately rewrite their Will and cut the step kids out.

I also believe that no one has a right to anything, and any gift is just that, a gift. If they wanted you to have it then they’d make sure it happened. My mum died while we were estranged and I didn’t get anything, but to be honest I didn’t want anything from her anyway. I also know that my dad’s Will is written so that my sister gets more - because she needs more. She’s his carer and lives in his house, when he passes away she'll need to move and get a job plus I have a great job, earn enough for me and my daughter, own my home, and don’t need that same support.

Only if house is joint tenants rather than tenants in common

olympicsrock · 26/05/2024 21:09

You are being very odd OP

Didimum · 26/05/2024 21:17

saraclara · 26/05/2024 20:03

You: "but that’s not why OP asking. She’s asking as she wants to ensure she gets a slice."

Where do you get that from?

Um … all of her posts? She has not been asked to organise her mother’s affairs after death and she has not been named as guardian of her half siblings in the event of her parents’ death. Should she be asked these things, then she can enquire about the specifics of the will.

You are not required to agree with me. Can you leave me alone now?

saraclara · 26/05/2024 21:37

Didimum · 26/05/2024 21:17

Um … all of her posts? She has not been asked to organise her mother’s affairs after death and she has not been named as guardian of her half siblings in the event of her parents’ death. Should she be asked these things, then she can enquire about the specifics of the will.

You are not required to agree with me. Can you leave me alone now?

I'm guessing that her mum's not asked her because she's not organised enough to even know what the will says. And I'd be surprised if a guardian had been mentioned in any will.

Given that OP has already had to have the conversation with her siblings about their future of the worst happens, it seems highly likely that she'll be taking it on one way or another. And she's already made a will, presumably with her siblings in mind. Your average 26 year old doesn't consider a will necessary.

Butchyrestingface · 26/05/2024 21:48

What country are you in, @chillyolives ? People are talking about legalities but AFAIK, the law is different in Scotland regarding contestation of a will.

Didimum · 26/05/2024 21:59

saraclara · 26/05/2024 21:37

I'm guessing that her mum's not asked her because she's not organised enough to even know what the will says. And I'd be surprised if a guardian had been mentioned in any will.

Given that OP has already had to have the conversation with her siblings about their future of the worst happens, it seems highly likely that she'll be taking it on one way or another. And she's already made a will, presumably with her siblings in mind. Your average 26 year old doesn't consider a will necessary.

Great. As I say, you aren’t required to agree with me.

SeismicSalad · 26/05/2024 22:04

chillyolives · 26/05/2024 08:37

Yes. My Nan is like this. She has told me I am listed the same as her own children instead of a grandchild. I'm not sure why she chose to do this but she's been very transparent, God bless her

The two reasons you have said there are my fears. I know in my heart neither of them would see me with nothing but I also think neither of them have really bothered to check or worry about it Grin

So your nan leaving you more than is strictly “fair” is totally cool by you, but the opposite with your parents isn’t? 🤔

Gasp0deTheW0nderD0g · 26/05/2024 22:09

If you read all of the OP's posts, you'll see that her biological father has sadly been severely mentally ill and hospitalised for 20+ years. If the grandmother in question is his mother, the OP is presumably getting what would otherwise have been his share. Fair enough if she is his only child, surely?

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