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How might MIL's estate be shared out if DH dies before her?

25 replies

VanellopeVonSchweetz99 · 27/06/2019 15:30

My lovely MIL, a widow, is in the middle stages of Alzheimer's and we have just put an LPA in place (ie my DH and his two siblings have; they are all middle aged with spouses and young children).
It is my understanding that if one of MIL's children dies before her, that person's surviving spouse and/or children will inherit nothing from MIL's estate once MIL dies, am I right?
I have a feeling MIL's children may want to look into this in order to protect their spouses and all MIL's grandchildren, 9 in total. FIL & MIL lived/lives for the grandchildren and always wanted their home and savings to give them a bit of help with, say, future home deposits or education.
DH gets on fine with his siblings but none of us are very close, however I'm pretty sure they would all agree on the above.
It's a morbid situation to think about and I may come across as grabby on behalf of my children here, but I'm trying to be sensible. In the event of DH or one of his siblings dying, legal disputes would be so bloody awful.
Has anyone been in a similar situation? Any advice please?
Many thanks.

OP posts:
CloudRusting · 27/06/2019 15:34

Does MIL not have a will from when she had capacity?

floramcdougal · 27/06/2019 15:36

The spouse won’t inherit anything but the deceased child’s portion will go to any children they may have. Unless there is a will
Of course.

flowersinthebedroom · 27/06/2019 15:36

It all depends on the wording of her will, which won't be able to be altered now.
The surviving siblings could chose to split their share with the family of the dead sibling but I'm that be legally enforced.

steppemum · 27/06/2019 15:36

disclaimer - I am not a lawyer.
first - doesn't she have a will already? That would need checking.
second - usually (but I don't know if this is written into wills normally, or if it is how the law works) but in all cases I have seen where and adult child died before the parent, the adult childs part of the estate was shared between their kids, according to how their will had been.

eg 3 kids, one dies, then parent dies, the two surviving kids get one third each and the dead ones kids share their mother's third. Or the dead one's spouse inherits their third.

It happened to my dh. His mum died

Cannyhandleit · 27/06/2019 15:38

It will depend on her will. I know that in my grandparents and my parents wills it stated what would happen to the estate if certain people had already passed.

ChicCroissant · 27/06/2019 15:39

If she has a will, it will be distributed in accordance with that.

Without a will, the surviving children will inherit. Advice would be to stay out of it tbh!

dancingthroughthedark · 27/06/2019 15:39

My PILs estate was to be divided between their 3 children. My husband died some years ago and the will was changed so that my 2 children inherit their father's share. Obviously this is slightly different as they were able to make the changes themselves.

f83mx · 27/06/2019 15:39

Did the will specify that the estate would be split by the children and grandchildren? Or just to her children (your DH and siblings)?

LillithsFamiliar · 27/06/2019 15:39

My understanding is that if there is no will then there isn't any guarantee that anyone will inherit.
It could be that the estate is shared between the DC and if any of the DC are deceased then their share passes to their children.
But it depends which country you are in.

VanellopeVonSchweetz99 · 27/06/2019 15:40

Thank you. I'm not sure what her will says. She has been showing symptoms of early dementia for 10 years but it only became obvious when FIL passed away two years ago. DH helped her get a diagnosis & support in her home, she can no longer process admin or paperwork, he does it for her.
DH will know about her will, I assume it's very basic. I'm also about to bring this up with him of course!

OP posts:
VanellopeVonSchweetz99 · 27/06/2019 15:41

OK, lots to read, didn't expect such a quick response, many thanks all!

OP posts:
Disfordarkchocolate · 27/06/2019 15:45

When they have people with no wills on Heir Hunters in this position the inheritance goes to their children (so the deceased persons grandchildren).

Butterymuffin · 27/06/2019 15:51

You really need to check on the will situation before you can do anything else.

VanellopeVonSchweetz99 · 27/06/2019 15:51

Sorry to hear about your losses.
We are in the UK.
Agreed I'd rather stay out of it, but I want to cover all bases for the DCs. DH (and I!) aren't getting any younger, MIL has a strong heart, and stranger things have happened. DH and I do talk about what would happen if one of us died, have life ensurance in place etc, but I hadn't really thought about MIL's estate until now.
Just spoke to DH on the phone, he vaugely recalls the grandchildren being 'covered for' in the will but make 100% sure.

OP posts:
VanellopeVonSchweetz99 · 27/06/2019 15:52

but will make 100% sure, sorry

OP posts:
NeonK · 27/06/2019 16:01

As I understand it your children will inherit your DH's share if he dies before her.

I've been contacted recently by heir hunters to inform me a relative of my deceased DF has died intestate. DF & his siblings are next of kin, I will get my DF's share (which will probably be about 57.5pence 😄).

Unless overridden by a will

(Not a lawyer)

PonderingPanda · 27/06/2019 16:22

Does she still have mental capacity? If so she can change her will. If not then hiw did you get the LPA as that has to be set up before capacity is lost

Ohshit9 · 27/06/2019 16:36

I was actually thinking about starting a thread about this...we are in just this position.

My dad passed a few years ago, and his parents passed last year. I can't remember the exact wording of the will, but GP estate was to be shared between the executor (my aunt) and other surviving dependants (it wasn't the word dependents used, but something similar)

Since then my mum and aunt have fallen out big time. They will never speak again, and relations between me and my siblings and aunt are a bit frosty.

We were always told by nana we would get my Dad's share. We are now a bit worried aunt (executor) may block this. The solicitors can't tell me anything, and I'm reluctant to contact aunt as it seems so grabby. Grandparents house was sold in Jan.

Roughly when should we expect to hear anything? We all would like to know what the situation is, but due to frosty circumstances I'm sure aunt would take any queries as us being grabby, and we worry she can choose not to give us our share.

Any experts?

VanellopeVonSchweetz99 · 27/06/2019 17:02

MIL still has some mental capacity yes. LPA was done in the nick of time, her state of mind is now deteriorating quite fast sadly.

Ohshit9 this is it. Relationships between relatives can change over time. I hope you get some answers.

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RedHelenB · 27/06/2019 17:04

An executor has to pay money out according to the will . I would ask to see a copy

ChicCroissant · 27/06/2019 17:10

NeonK you may be right if there is no will, but if there is a will and the grandchildren are not mentioned then they are not entitled to anything.

Ohshit9 have you contacted the Probate Office to see if the will is available there? If someone has applied for probate (your Aunt in this case) she will have given the PO a copy and they can send them out.

LL83 · 27/06/2019 17:23

I think power if attorney gives your dh and siblings power to make welfare and/or financial decision on behalf of their mother while she is alive. E.g. sell house to buy bungalow/pay for care. Access bank to buy shopping. Make medical choices for her. Should always be in her best interest. If dh dies is he worried his siblings have different views to him?

Will determines what happens to any estate after she dies. (Not an expert, but this is my understanding)

Ohshit9 · 27/06/2019 17:31

Yeah we have, but in all honesty none of us fully understand it 😂

How might MIL's estate be shared out if DH dies before her?
How might MIL's estate be shared out if DH dies before her?
Ohshit9 · 27/06/2019 17:32

Sorry for the thread hijack op! It's such a sensitive subject.

VanellopeVonSchweetz99 · 27/06/2019 21:04

Ohshit9 I don't mind at all!

LL83 said: "If dh dies is he worried his siblings have different views to him?"
Yes there is an element of that. One of DH's siblings is a bit frail mentally and is married to someone who we feel can be manipulative and has a history of financially shady affairs. DH's other sibling + spouse feel like we do. But having discussed it with DH tonight he is 'pretty sure' that MIL's will is water tight. He will def. check though.

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