Mother died intestate!!

[NuttyCasey]

Am hoping someone might be able to give me some advice on this one!

My mother died last year intestate, so she left no will stating how she wanted her money and possessions distributed. It's a fair sum of money, and there is only (legally) myself and my brother who can inherit due to the law. However, my brother stopped ALL contact with her over 8 years ago and her friends have told me that she wanted myself and my son to inherit most of her money, but didn't want to leave my brother with nothing.

However, I have since found out she took out a life insurance policy. Letters of Administration have been granted to just myself as my brother didn't want to be involved but wanted his share of her money. I proposed to my solicitor distributing the money 3 ways (including my son as my mum adored him) but he said i would have to have something written up and my brother sign off on it. However I don't think things would be that simple with my brother once he finds out how much money is involved!

My question is, I have told only my OH and a close family member about the life insurance policy, no one else knows about it (including my brother). So if he doesn't know about it, there's no chance of him taking me to court down the road? I can't understand how it would become a problem if he never finds out the life insurance exsisted??

I'm not being mean to him (it would be for his own safety to be honest as he supposedly does drugs and drinks quite a bit) and nor would he be left without any money, it would be a substantial amount. I also know that my mum wouldn't have wanted him to have half and leave my son with nothing.

Sorry for the long post x

I think their relationship is irrelevant really. Legally he is entitled to the same amount as yourself

Doesn't the life insurance policy go to whomever is listed as the beneficiary and don't life insurance companies make you list a beneficiary as a prerequisite to opening the policy. The beneficiary does not have to be either or both of her children.

I'm surprised the insurance company don't have a strict process to follow.

Life insurance does not usually form part of the estate but goes direct to the specified beneficiaries. If no beneficiaries are specified then how the policy is administered will be the decider. If it's something like a death in service benefit then the trustees decide how it should be paid out.

OP, my mum died suddenly last year, without leaving a will. The legal and correct thing to do is to split the estate equally between the children of the deceased.

Like you, I feel my mum might have wanted to leave something to my DC, as her only granchildren who she adored. But she didn't express this wish formally either in a will or a letter. Therefore there's no way I would suggest this to my sisters, the law is very clear and I respect that.

Ahh, here in the USA, if you have a Trust (and a will that puts everything in the Trust), then you can actually have the Trust be the beneficiary of your life insurance. It's been my experience here that you have to have a beneficiary listed. I guess it's different in the UK.

You don't know what your mum would have wanted because she didn't leave a will. Did you assume she had one? You're already wrong on that score. Surely if she had strong feelings about leaving your DS something she would have done. I wonder if some underlying disappointment in her for her negligence is clouding your judgement. Your brother is entitled to half as per the law. It's then up to you to gift your DS whatever you see fit from your half.

Btw my mum also died quite young and very unexpectedly (accident). She had a will.

I'm afraid you and your brother get half each of everything your mother left. If he then chooses to drink/smoke/inhale it etc you have no control over that. You don't get to divide it up however you'd like.

Hi OP - sorry for your loss. I lost my DM too last year, suddenly and intestate, like you.

There's been some tosh bandied around on this thread!

Not everything forms part of your mums estate.

In my DMs case, her house, bank accounts, etc did form part of the estate.

However, her beneficiary pension fund and insurance policy did not form part of the estate, as she had nominated beneficiaries.

So it's entirely legally possible that the insurance can be paid only to you, or to you and your son. If that's the case, there is no legal or moral obligation to give that money to your brother. All you have to do is divide the estate.

In your situation, if you are the nominated beneficiary, I would split the money between you and your son and not even let your DB know about it. Estranged family members have no right to know, IMO.

Exactly. If you are the nominated beneficiary of a separate trust yes it's yours none of your brothers business.

If it falls into the estate it's 50% your brothers. If you take from the estate and don't tell him it's a criminal act.