Oh, dear god, what a mess...

[ginnybag]

Well, my nightmare scenario has come true!

For a full picture:

MIL (age 64) - Major stroke 4.5 years ago. No speech, no handwriting, limited yes/no comprehension. Three sons A, B, and C. A&B are by her first marriage.

C is her son by FIL - who died two weeks ago, running a sole trader business, with bank accounts all over the shop and NO WILL!!!!

I knew this was coming - his health had been suspect for a good couple of years and I'd been begging my husband to get him to make a will and sort things out.

He didn't, FIL didn't and the rows have already started.

Where to start?

If I understand you correctly, A & B are not FIL's sons.

Under intestacy rules MIL gets FIL's personal property and the first £250k of his estate. C gets half of anything left over. MIL has a life interest in the other half (which means it cannot be sold or spent but she gets any interest earned by the money). When MIL dies her share goes to C. A & B are not entitled to anything. If MIL hasn't made a will, her estate will be shared equally between A, B & C on her death.

Just to add, it is possible to change this by making a deed of family arrangement or variation within 2 years of FIL's death. That would need the agreement of MIL and C as they are the people who would inherit under the intestacy rules. If the family want to go down this route they will need to get proper legal advice.

You have understood it correctly.

Hence the family rows, as MIL cannot deal with the estate, and if I'm understanding correctly A&B can't either.

There are all sorts of issues in play - there is no Power of Attorney for MIL (and I'm not sure she'd be found fit to grant one now - she can't tell you the day of the week, for example) but B has been 'managing' her finances for her forthe last four years, with no-one, not even FIL seeing the statements.

I've posted on here before that he was unhappy with this, but wasn't willing to ask to see them, even with me and C with him.

I saw them last night, and there are all sorts of payments being made which can't be MIL and must be B, (adding up to a deficit of about 8k over the last four years) which means the current plan of 'just get everything transferred into MIL's name' from B and 'we should all get some of the cash' from A are equally not happening.

My poor husband, C, is reeling from his Dad dying at age 60, with no warning and no clear cause of death, and all he's getting from his brother's is 'when can we get our hands on the money'.