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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Note from MNHQ: please note OP's post @ 19.08 on 22 Jan. The OP has admitted this is a reverse but we are leaving this thread up so they continue to receive advice. Inheritance money - AIBU to be p*ssed off?

546 replies

snoozum · 21/01/2023 02:38

What should my FIL do?
Background: my DH's parents divorced when he was a child, and years later FIL met and married his second wife. Second wife had two small children already, who called FIL "dad", although they were not his by blood. After 25 years of marriage, FIL and his second wife divorced fairly acrimoniously. The divorce courts ruled that FIL and ex-wife #2 must split their assets 50:50, with FIL allowed to keep anything that was his before the marriage. FIL worked extremely hard throughout the marriage and financially contributed massively more, with the ex-wife only working full-time for around 5-6 years. FIL was able to stay in the matrimonial home by paying ex-wife #2 50% of its value. Fast-forward 5 years and ex-wife #2 passed away without a will. The son of ex-wife #2 struggled with her death and so his children (his own wife had died a few years previously) went to live with FIL (their grandfather) temporarily. However, before any inheritance was claimed, the son also died. Ex-wife #2 died with most of the money she received in the divorce, in the bank. The ex-wife #2's daughter, who doesn't have children, has therefore inherited all of ex-wife #2's money, which in reality is pretty much all of my FIL's money. My FIL is now bringing up the grandchildren, therefore my DH and my FIL's thoughts are that the daughter should give all of this money back to FIL. However, she has only given back 50% of it. AIBU to think she should give FIL 100% of it, as it was his money to begin with?

OP posts:
snoozum · 21/01/2023 16:23

Iceicebabytoocold · 21/01/2023 16:19

Why did the daughter of the ex wife get 100% of the estate if there was no Will and there were 2 surviving siblings?

The daughter was the only surviving child of ex-wife #2. To answer another question, she is married so when she dies (which will be fairly soon) her husband will inherit. Why should her husband inherit wealth created by my FIL?

OP posts:
Livinghappy · 21/01/2023 16:26

Your FIL should consider the money gone because theEx W#2 could have spent all the money in the 5-6 years post divorce then no one would have inherited anything.

He is fortunate the ExW was prudent and left 50% which will be used on the grandchildren.

Iceicebabytoocold · 21/01/2023 16:27

snoozum · 21/01/2023 16:23

The daughter was the only surviving child of ex-wife #2. To answer another question, she is married so when she dies (which will be fairly soon) her husband will inherit. Why should her husband inherit wealth created by my FIL?

You first post states that the ex wife died before the son/ father of the children?

honeylulu · 21/01/2023 16:28

The daughter was the only surviving child of ex-wife #2. To answer another question, she is married so when she dies (which will be fairly soon) her husband will inherit. Why should her husband inherit wealth created by my FIL?

Only surviving child would only be entitled to 100% if the deceased child had no descendants. BUT HE DID and so they inherit in his place.

Who originally earned/ created the wealth is irrelevant. The fact at law is that your FIL no longer has any right to it and the current owner can leave to whomsoever they wish (or if no will, to whoever is entitled under the intestacy rules). FIL's ownership has gone forever, he needs to accept that. He may be bitter about the divorce award but that is irrelevant.

AlliwantforChristmasisgu · 21/01/2023 16:28

snoozum · 21/01/2023 16:23

The daughter was the only surviving child of ex-wife #2. To answer another question, she is married so when she dies (which will be fairly soon) her husband will inherit. Why should her husband inherit wealth created by my FIL?

OP, have you looked at this link?

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

The daughter does not inherit all just because she was the only surviving child. Half belongs to the children.

She may have been the administrator of the estate, but that is not the same as the sole beneficiary.

DaveyJonesLocker · 21/01/2023 16:30

snoozum · 21/01/2023 16:09

As far as I’m aware, the aunt returned 50% because that is what her brother would have received. She provided all the death certificates to the relevant parties and explained what had happened and with the ex-wife #2 having no will, all the money went to her. Before my FIL knew that he wasn’t receiving ALL of the money, he told her to retain money from the fund that she had loaned him when he was divorcing and nearly lost the house. He would not have told her to do this has he known she wasn’t going to give him the full amount back.

Why did he THINK he would inherit ALL of his ex wife's money?!

If he had died first would you be expecting his ex wife to get all his money and your DH be bypassed?

They were married for 25 years and your implying that she contributed NOTHING to his life.

A woman is dying a slow painful death. Give her some fucking dignity "when she dies which should be pretty soon her husband will inherit FILs money." I'm fucking aghast at that. 1. It's not his money. 2. Oh fucking lucky him. When his wife finally loses her battle with cancer he'll be flush. * *

How old are the grandkids? * *

DaveyJonesLocker · 21/01/2023 16:32

AlliwantforChristmasisgu · 21/01/2023 16:28

OP, have you looked at this link?

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

The daughter does not inherit all just because she was the only surviving child. Half belongs to the children.

She may have been the administrator of the estate, but that is not the same as the sole beneficiary.

I think OP just means all the money went to her and she then distributed it accordingly. 50% to her brothers children and 50% to herself.

WeepingSomnambulist · 21/01/2023 16:35

That woman called him dad. He helped raise her. They are family.

Now she is dieing. And all he wants is money, which does not belong to him. Disgusting. Him and you and your husband. The lot of you are disgusting.

He's got half of it. That's for the kids. The rest isnt his, in any way, shape or form. You should be deeply ashamed of your grabby little self.

I hope she and her husband use the money give themselves a wonderful final few weeks together and then he uses what is left to put his life back together when she is gone.

DaveyJonesLocker · 21/01/2023 16:35

I actually don't think FIL is entitled to the 50% he has taken from the boys.

I wonder if you and your DH will be giving them their inheritance when FIL dies.

Iceicebabytoocold · 21/01/2023 16:37

This reply has been withdrawn

This message has been withdrawn at the poster's request

Iceicebabytoocold · 21/01/2023 16:39

This reply has been deleted

This message has been withdrawn at the poster's request

Sorry typos, it should have said:

The sister will have had to declare that her deceased brother had no children to gain 100%.

whatever happened it would appear that the ex wife grandchildren’s legal rights are not being protected.

YetMoreNewBeginnings · 21/01/2023 16:40

snoozum · 21/01/2023 16:09

As far as I’m aware, the aunt returned 50% because that is what her brother would have received. She provided all the death certificates to the relevant parties and explained what had happened and with the ex-wife #2 having no will, all the money went to her. Before my FIL knew that he wasn’t receiving ALL of the money, he told her to retain money from the fund that she had loaned him when he was divorcing and nearly lost the house. He would not have told her to do this has he known she wasn’t going to give him the full amount back.

Your FIL needs to understand that he has not received “his” money back.

he has the children’s share of their grandmother’s estate.

There are legal obligations to being a trustee for minors

DaveyJonesLocker · 21/01/2023 16:42

This reply has been deleted

This message has been withdrawn at the poster's request

I imagine she was just the admin, the only adult doing the paperwork. I don't think she technically inherited 100%.

I completely agree, obviously FIL has taken them in otherwise they'd have ended up in care. Although OP hasn't said the ages. But they're entitled, legally, to their money. But there's no one to make sure they do, their only living relative is dying. Just really sucks for them.

YetMoreNewBeginnings · 21/01/2023 16:42

snoozum · 21/01/2023 16:23

The daughter was the only surviving child of ex-wife #2. To answer another question, she is married so when she dies (which will be fairly soon) her husband will inherit. Why should her husband inherit wealth created by my FIL?

Because it’s up to her what she does with her mother’s money…

You all need to get out of the mindset of it being his money. It stopped being his money years ago. It was his ex wife’s money.

Bollindger · 21/01/2023 16:46

Let's get this right.
Your parents divorce, split assets.
2nd wife divorce, split assets.
2nd wife dies, her DD split the assets 50/50 with your dad.
So the 2nd wife had no will?
The grandchild can sue for 25% of the 2nd wife's assets.
Unless the 50% your Dad has is actually the children's, in which case he can get In trouble if he spends it the Grandchildren could sue him for it All when he dies or before if they want to.

snoozum · 21/01/2023 16:53

DaveyJonesLocker · 21/01/2023 16:30

Why did he THINK he would inherit ALL of his ex wife's money?!

If he had died first would you be expecting his ex wife to get all his money and your DH be bypassed?

They were married for 25 years and your implying that she contributed NOTHING to his life.

A woman is dying a slow painful death. Give her some fucking dignity "when she dies which should be pretty soon her husband will inherit FILs money." I'm fucking aghast at that. 1. It's not his money. 2. Oh fucking lucky him. When his wife finally loses her battle with cancer he'll be flush. * *

How old are the grandkids? * *

The grandchildren are 12 and 16. My FIL didn’t think he’d inherit his ex-wife’s money. He just thought that her daughter would return the wealth that was generated by him in the first place.

OP posts:
BadNomad · 21/01/2023 16:56

Do you understand now that those two children are supposed to get that money? It is the law. FIL and daughter can get into trouble for doing what they have done.

Iceicebabytoocold · 21/01/2023 16:58

snoozum · 21/01/2023 16:53

The grandchildren are 12 and 16. My FIL didn’t think he’d inherit his ex-wife’s money. He just thought that her daughter would return the wealth that was generated by him in the first place.

It was not HIS wealth, if was THEIR wealth. you intense approach that you FIL is entitled to his ex wife’s money I assume is because you are waiting to cash in when he dies.

blubberyboo · 21/01/2023 16:58

I don’t understand how the children were passed over for the inheritance in the first place as when their grandmother died her son and daughter should have inherited it 50:50. Even though probate hasn’t been sorted 50% was legally his, therefore when he later died his share should have gone to his children. I suspect there was a legal issue raised about this and so why their aunt eventually passed it to them.

but it is their money not FIL and he lost that in the divorce so he has no entitlement to it. He also is not entitled to the other 50%. That money belonged to his ex and therefore now her daughter

YABU

honeylulu · 21/01/2023 16:58

He just thought that her daughter would return the wealth that was generated by him in the first place.

Why? On what basis?
And why are you "pissed off about it"?

Someone ought to report the lot of you to the Probate Office.

Bellalalala · 21/01/2023 17:01

snoozum · 21/01/2023 16:53

The grandchildren are 12 and 16. My FIL didn’t think he’d inherit his ex-wife’s money. He just thought that her daughter would return the wealth that was generated by him in the first place.

It wasn’t generated by him.

It was generated during a period that he was married. THEY generated it as they were legally and financially tied. It was always half his wife’s. The fact that he can’t see that, says he should not be in charge of any money for these kids.

That 50% was awarded to the ex wife in the divorce. It is not his money now. It is his step daughters and his grandchildren’s money.

Why should his step daughter not inherit anything from her mother?

YetMoreNewBeginnings · 21/01/2023 17:01

snoozum · 21/01/2023 16:53

The grandchildren are 12 and 16. My FIL didn’t think he’d inherit his ex-wife’s money. He just thought that her daughter would return the wealth that was generated by him in the first place.

Your language gives you away.

They were children who called him Dad. He was close enough that the son lived with him. He’s close enough that he cares for his grandchildren without the biological link.

Yet shes “her daughter”.

Did your FIL have such contempt for the girl that had called him Dad for 30 years until you and your DH started shit stirring?

DaveyJonesLocker · 21/01/2023 17:01

snoozum · 21/01/2023 16:53

The grandchildren are 12 and 16. My FIL didn’t think he’d inherit his ex-wife’s money. He just thought that her daughter would return the wealth that was generated by him in the first place.

Then I absolutely think the money needs putting away for them, they're well on their way to independence, particularly the eldest, he's at the age of getting a part time job, he'll be at uni/college soon. It could put them on the property ladder or support them through uni. They're going to need all they can get without any parental support in their adult lives.

You need to stop calling it "wealth generated by FIL." It is her mother's money. Does 25 years of her life account for nothing to you?

YetMoreNewBeginnings · 21/01/2023 17:02

honeylulu · 21/01/2023 16:58

He just thought that her daughter would return the wealth that was generated by him in the first place.

Why? On what basis?
And why are you "pissed off about it"?

Someone ought to report the lot of you to the Probate Office.

And social services.

Thos poor kids have lost both their parents, their grandmother and will lose their aunt yet their “family” are trying to steal their money.

bobbytorq · 21/01/2023 17:08

snoozum · 21/01/2023 16:53

The grandchildren are 12 and 16. My FIL didn’t think he’d inherit his ex-wife’s money. He just thought that her daughter would return the wealth that was generated by him in the first place.

Deluded grabby bastard is all I can say. He deserves nothing back and is very lucky to have been given anything.

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