Daughters inheritance

[lollipoprainbow]

My daughters dad will inherit money from his parents house sale once his mum dies (dad died 2 years ago). If anything should happen to him before he inherits will the money automatically pass to our daughter ? He's adamant that it will and he doesn't need to make a will. I'm not so sure, Any advice ?

@bonetiredwithtwins

Is your ex married? His spouse will inherit it all unless he states something specific in his will

My mum never got my dad's they were still married and living together.

Is he the sole beneficiary? If so he is probably correct unless or until he has other children. His mother is entitled to dispose of her estate as she sees fit. It is her money and while she is compos mentis and even someone with dementia can be sufficiently so legally to change their will, she can. If when the time comes your daughter feels she has not been adequately provided for she should see a solicitor specialising in contentious probate.
You should probably seek the advice of a solicitor if you’re concerned.

So he's not married, his mum isn't in the right frame of mind to change will, and your dd is his only child then any inheritance that should go to her father will go to your dd. Solicitors would either deal with it as it seems straight forward or some times it might go through probate which is what ours was through as no will was made.

Depends on mums will. Are there siblings? Does her will say if any predecease the money is shared between the rest?

So you need to understand her will first

Then it should go to your daughter as his next of kin

But dies he have any idea how much work it takes to sort out the estate of someone who hasn’t made a will?

Dealing with intestacy is a complete ballache, takes ages & costs more in solicitors' fees.

Even a simple will is better.

It depends on your exMILs will. Your ex's will (if he pre-deceases his mother) will not override your exMILs wishes as documented in her will.

It is fairly normal for the will to say that children of their children inherit if their child predeceases them (and that is what would happen if she died intestate), however it is also reasonably common for a will to say that if one child dies, then the inheritance passes to the surviving siblings (so in this case, it would all go to your ex BIL should your ex predecease your ex MIL). Your DH has no control over this. It is all dependent on your MIL's wishes as she laid out in her will.

If your DH dies intestate (and isn't remarried), all of his possessions would pass to your DD (assuming he had no other children). However, that would not include future inheritance from your MIL, as that would be determined by her will.

Surely it depends what is written in his DM's will? Some wills state that the inheritance will go to the beneficiary's children, some that the portion of the inheritance is split between the other beneficiaries if one dies before the person whose will it is.

I think that your post is actually in bad taste OP. This money currently belongs to your ex's DM, and then will pass to him. There is no guarantee that, should he actually get the money, he will leave it to your daughter anyway. He might spend it all, he might have more children in the future etc.

OP you can’t ‘safeguard’ inheritance. It’s not a question of making sure your daughter gets the money. The money might all be used up in care home fees from both your ex MIL and your ex Husband and by the time your daughter does inherit there may be very little left anyway. Inheritance is not a god given right. Your ex MIL could leave it all to the cats home if she so wished.
You sound very grabby tbh.

@ProudThrilledHappy

Can’t wait for my son to grow up and get married so my DIL can plan where my money goes

this.

The mum could live years. Sadly some people view older people for what they can inherit from them. I hope she leaves to a charity.

No. It would go to probate, at least that’s what happened to a family friend.

My mum predeceased my grandparents. Their joint will said I would inherit my mum's share of their estate. It was something that had been discussed with the family. When my grandmother died, my GF changed his will so it was shared equally amongst all the gc. So I got much less than was anticipated. It was fine with me, but my cousins who's mother had also died before then were extremely upset.

You sound rather unpleasant - swearing at any poster who doesn't go along with your views. The title of your post says it all - it is not your "daughter's inheritance" it is her father's. Speculating on getting money from people who are still alive is low, really low, especially on a forum with a bunch of strangers.

Obviously yor daughter's father should make a will, it saves all sorts of bother in the future, but other than that your daughter will just have to take her chances in life, like others do.

@SquirrelG rather unpleasant to paint me as some sort of money grabbing cow for wondering if I should sort something legally so that my daughter doesn't miss out on what is rightfully hers.

It's not rightfully hers at all ,no one is under obligation to leave money to anyone, they can leave it to the cats home if they feel like it!

Agree that it's not rightfully hers. Whatever you may think OP, she's only entitled to what she earns herself in the future. Anything above that is a bonus (and one I do hope she'll get).

[quote lollipoprainbow]@SquirrelG rather unpleasant to paint me as some sort of money grabbing cow for wondering if I should sort something legally so that my daughter doesn't miss out on what is rightfully hers. [/quote]
If it's "rightfully hers" she will receive it via the will or the laws of intestacy.

If it's not legally willed to her, or legally passed to her under the laws of intestacy, then its not "rightfully hers". It "rightfully" belongs to someone else.

So you don't need to worry about her receiving what is "rightfully hers" as she will receive that by default anyway. If she doesn't receive anything, it was never hers to "rightfully" have.

... except that, as the OP has said, her daughter's uncle has been trying to put undue pressure on his mother to leave everything to him.

@lollipoprainbow 🤣 You sound lovely.
Do you generally shout obscenities to those people in life that you encounter that you disagree with? If you do, no wonder you are desperate to get your hands on someone else’s money as I can’t think for a second what is stopping you bring successful and earning your own money so you don’t have to covet someone else’s WHO ISN’T EVEN DEAD YET.
Oh wait… 🤔

"her inheritance"
"rightfully hers"

Until the owner of the money dies, and leaves it to your daughter she doesn't have an inheritance - you just expect her to.

And nothing is "rightfully hers" until she legally inherits, and there's no guarantee she will. Her grandmother and dad could spend every penny that belongs to them, because it's THEIRS, not your daughter's.

And no, you can't put anything in place - because individuals have the right to choose how they use and disburse their money.

Me and her dad have spoken many times about it and he's adamant he wants her to inherit the money as he doesn't really have an interest in it. I was merely asking if he should make a willl to ensure this happens. I didn't expect to be shot down in flames and made out to be a money grabbing person.

@lollipoprainbow

Me and her dad have spoken many times about it and he's adamant he wants her to inherit the money as he doesn't really have an interest in it. I was merely asking if he should make a willl to ensure this happens. I didn't expect to be shot down in flames and made out to be a money grabbing person.

If he doesn’t want / need the money, when his Mum dies and if there is any money to which he is beneficiary, he can ask the executor / solicitor to do a Deed of Variation for the money to go straight to his Dd.

If he dies before his mum it depends entirely how his mums will is written. If she doesn't have the capacity to change her will then there is nothing you or your dd's dad can do other than hope he doesn't die first.

What's wrong with trying to get some money for my daughters future ????

Money is gifted in wills, no one is entitled to it and trying to influence someones will for your/your dd's benefit is crass and grabby. His mum would have written her will with a solicitor who would have explained how these things would work if a beneficiary passed before she did and the will is what she decided.

I know she would want my daughter to inherit the money.

If she wanted her to she would have made arrangements in her will. A solicitor would have asked at the time of will writing.

Me and her dad have spoken many times about it and he's adamant he wants her to inherit the money as he doesn't really have an interest in it.

Doesn't matter what he "wants" until he survives his mum.

He can’t make a will that passes on money he hasn’t yet inherited before he dies.

If his mum survives him and he dies first, where his mum’s money goes depends entirely on what she’s said in her will.

If he tells you his share would pass to your DD, and she lacks capacity to change her will now, you just need to trust that is accurate. But there’s nothing you can do about it if it’s not.

Personally if I wanted my daughter to have some unearned money I would go out and earn it myself. I expect nothing from my parents in their will neither on behalf of my children.

Either way it is the mil will that is important and given lack of capacity to change it what is done is done.