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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:
TellMeWhere · 21/01/2023 07:12

So, her mum died, her dad died, her gran died, her aunt is terminally ill and all her grandfather cares about is clawing money out of her hands? It's like Cinderella on steroids.

You all sound disgraceful and she's given more than she should've at 50%. The money is legally hers. All of it. She should run away from the lot of you.

It seems none of you understand how marriage works.

PassAnotherJumper · 21/01/2023 07:13

To give up 50% seems fair, unless I've misunderstood it.

That money was the ex wife's fair and square.

When she died without a will it all ended up going to the daughter meaning her grandchildren didn't get anything. The daughter has not offered to give up 50% which can go to the grandchildren. Thus restoring the position that the son would have got 50% if he'd lived.

It's the thinking that the it's still the FIL that is at fault here. It isn't. It was the ex wife's and her decedents.

SunshineAndFizz · 21/01/2023 07:13

Wow your poor SIL. Lost her mum, brother, has a terminal illness and now FIL is hassling her for money. Shame on him.

Of course he should get it all. 50% is fair, although technically it belongs to the kids. If he wasn't looking after the kids he'd get zero.

Aprilx · 21/01/2023 07:13

hopelesslydevotedtoGu · 21/01/2023 07:08

Is this the daughter who inherited the money and is gifting 50%?

She has been thoughtful to give 50% for the up bringing of the children. I think it's morally the right thing to do (would have likely been what her mother wanted had she written a will) although not legally required.

I would advise your FIL is nice to her rather than messaging a list of reasons asking for more now! Perhaps she will want to leave money to the grandchildren in her will. Less likely if he pisses her off.

If the 50% Is given as a gift, rather than a variation of the will, there may be inheritance tax to pay should she die within 7 years.

OMG not again. No the daughter was not thoughtful here. She initially took what was not hers to take and then she handed it back. Yes handed it back because it wasn’t hers, there was no gift. And in any case it seems she didn’t hand it back to the rightful owners (the children’s trustees) anyway.

SunshineAndFizz · 21/01/2023 07:14

Should NOT

TomatoSandwiches · 21/01/2023 07:14

YABVU.

At the point of divorce that money was nothing to do with your FIL even if it was earned through investments he made.

Why he and you seem to not grasp this I have no idea.

The 50% left to the daughter is still in no way anything to do with your FIL or the children.

I hope she blows the lot enjoying the last moments she has on earth.

I would advise your FIL to stop harassing a terminal cancer patient and start putting his efforts into finding out what benefits and help he can apply for from the government in regards to raising the children.

ZeldaWillTellYourFortune · 21/01/2023 07:15

TellMeWhere · 21/01/2023 07:12

So, her mum died, her dad died, her gran died, her aunt is terminally ill and all her grandfather cares about is clawing money out of her hands? It's like Cinderella on steroids.

You all sound disgraceful and she's given more than she should've at 50%. The money is legally hers. All of it. She should run away from the lot of you.

It seems none of you understand how marriage works.

Sounds like it's not "all" he cares about as he's taken on two kids that no one else bothered to provide for.

HappyKoala56 · 21/01/2023 07:15

Your FIL has asked for all inheritance money from his stepdaughter who is dying from terminal cancer, who has lost her mother, brother and SIL, and who has already given him 50% of the money which he had no rights to? Are you for real?! Your FIL is an entitled piece of work - the money was rightly his ex wife's when she died and has rightly been passed to her daughter on her death. Tell your FIL he is a money grabbing a-hole and to leave her well alone.

JudgeRudy · 21/01/2023 07:16

wordler · 21/01/2023 03:51

Those poor children - they have lost their grandmother, mother and father - their aunt is dying and their grandfather has taken their inheritance.

If their aunt is leaving them any money in her will from her 50%, I hope she puts it into trust for them.

This

2023bebetter · 21/01/2023 07:17

It's not how things work.

Their mother legally had money after a divorce that was set up at that time.
She has I think been incredibly fair to give 50 over as she would have had had her brother been alive.
The money has moved on now fil should let it go.

Zonder · 21/01/2023 07:17

snoozum · 21/01/2023 03:34

The children's mother died a few years before their father. The daughter (their aunt) has terminal cancer and is too unwell to look after the children herself.

Does she have children? Will her money all come to her niece/nephew?

ZeldaWillTellYourFortune · 21/01/2023 07:17

HappyKoala56 · 21/01/2023 07:15

Your FIL has asked for all inheritance money from his stepdaughter who is dying from terminal cancer, who has lost her mother, brother and SIL, and who has already given him 50% of the money which he had no rights to? Are you for real?! Your FIL is an entitled piece of work - the money was rightly his ex wife's when she died and has rightly been passed to her daughter on her death. Tell your FIL he is a money grabbing a-hole and to leave her well alone.

And what do you suggest the "a-hole" do with the children? Use his own pension on them?

2023bebetter · 21/01/2023 07:18

That money should have gone to the children but obviously the GC are now being looked after in families by an older man.
I wouldn't begurdge him the money but he's got their half that's fair.

renonovice · 21/01/2023 07:19

I honestly do not know how so many people think that this is an option. You cannot just take other people’s money because you think you deserve it.

The point is in the real world raising dc is expensive. Giving them a good life & some stability after all the trauma they have been through is more expensive.

I don’t think the children should go to whomever is willing to take them on the proviso they get to keep the orphaned children’s inheritance for themselves. Do you?

Where did I say that? I think it's reasonable the FIL requires financial assistance to raise the dc. I think its reasonable to use some of the dcs inheritance for that as opposed to relying solely on benefits. Yes. I think that is a better alternative to care. I also don't think the sister has been incredibly generous giving 50% to her nephews.

2023bebetter · 21/01/2023 07:20

It's not reasonable that he keeps asking for

more.

The brother's children are not the aunts responsibility. She's kindly give half.

That's the right thing to do.

MuthaHubbard · 21/01/2023 07:21

renonovice · 21/01/2023 06:56

@MuthaHubbard but the gc are entitled to 50%.

Yes, the DC are. Them, not FIL.
She's given FiL their share now when she could make provision for them in what her own will instead. The other 50% is hers to give to the cat shelter if so desired.
If DM hadn't died but son had and she ended up looking after DC, she would have had to get on with it - no option of asking for money from anyone

renonovice · 21/01/2023 07:21

and all her grandfather cares about is clawing money out of her hands?

I don't understand how you can reach this conclusion. The FIL didn't have to take in his stepsons family after they struggled due to DILs death. He also doesn't have to raise the gc. Clearly he cares about them!

HappyKoala56 · 21/01/2023 07:22

ZeldaWillTellYourFortune · 21/01/2023 07:15

Sounds like it's not "all" he cares about as he's taken on two kids that no one else bothered to provide for.

Quite honestly it wouldn't surprise me if he is only caring for them to get a hold of their money. He's not suggesting that the other 50% goes in trust to them, or asking for just a contribution to their welfare, is it? He wants ALL the money now to do with as he see's fit. He believes it to be 'his' money and looking after the kids is a reasoning to get at it.

lalaloopyhead · 21/01/2023 07:23

It seems reasonably fair to me....it wouldn't be fair for step daughter to receive nothing surely? In this way both step children inherit 50/50 from their mother, in a round about way with her son's half going to your fil to care for the grand children. Surely if stepson had lived the money would have been split 50/50 between the two siblings anyway?
Unfortunately whether or not anyone feels the divorce settlement was fair is irrelevant.

renonovice · 21/01/2023 07:24

@MuthaHubbard why are you assuming the aunt would have looked after her nephews & would just have got on with it?

anyolddinosaur · 21/01/2023 07:25

Such a load of ignorance here. The children were entitled to the 50% of their grandmother's estate that would have gone to their father. Their aunt is not being generous in handing this over, she would have had to pay that plus court costs if she didnt.

FIL is bringing up children not biologically related to him - so he should, he was father to their father for years. He still deserves praise for not shirking his responsibilities. It's not easy to be a single parent and worse when older.

FIL is entitled to take money from the children's inheritance for their support. He needs to record what he's spending so ill-informed people cannot encourage the children to accuse him of theft. He shouldnt be pursuing a dying woman for money but perhaps he was hoping to use that money for the children's education.

2023bebetter · 21/01/2023 07:25

It's a dangerous and pointless thought process. The ex wife wasn't working, only 6 years... lived off fil..her two dx not his...they divorced she was given x but really....she shouldn't have been given anything and fil wants it all back. Its his money,he made it, he was the main contributers....

What we don't know is mils side. Not that it matters legally.
She may have gone through hell ,been his skivvy who knows! Not that it matters but fils way of thinking and that narratives...is going to drive him mad.

MuthaHubbard · 21/01/2023 07:26

HappyKoala56 · 21/01/2023 07:22

Quite honestly it wouldn't surprise me if he is only caring for them to get a hold of their money. He's not suggesting that the other 50% goes in trust to them, or asking for just a contribution to their welfare, is it? He wants ALL the money now to do with as he see's fit. He believes it to be 'his' money and looking after the kids is a reasoning to get at it.

This. And none of this is sisters fault either

Geebee12 · 21/01/2023 07:26

Aprilx · 21/01/2023 04:19

Well other people on the thread do know the legalities and that money is rightfully the children’s and should be in trust until they are adults.

It is morally reprehensible to steal their money and spend it on their upbringing. It is the guardians responsibility to finance their upbringing by whatever means, including benefits if need be. They have no moral or legal right to access the children’s own money.

this is why we’ve set up a trust so that our assets can be used now so that our children will have the same lifestyle as they do now. I’d rather they attend the same (fee paying) school, holidays etc now and less money when they grow up. I’m

2023bebetter · 21/01/2023 07:28

Any old dinosaurs, agree but what's fair has happened.
.it's also fair that the daughter inherited from her mother. Her mother's could have spent that money she didn't.

That inheritance is hers.
She's handed over half and that's the end of it.

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