Anyone good with inheritance stuff?

[DungballInADress]

Posting here for the traffic.

MIL is dying and has probably a few weeks left. No will or lasting power of attorney, not compos mentis so can't try and get this done now. FIL died 2 years ago so just DH and his brother, but DH's brother is estranged, nobody has seen or heard from him since FIL's funeral. DH is therefore dealing with everything alone.

MIL doesn't own her home or car. No investments, no private pension. MIL was a bit of a hoarder so while there is expensive stuff in her house e.g jewellery, kitchen gadgets etc, there is also a lot of junk/rubbish and she had a tendency to squirrel precious stuff away so every drawer, cupboard or box you have to go through with a toothcomb.

2 weeks ago when found out how ill she was we discovered that she hadnt been truthful about how much money was left to her by her parents who died 18 months ago (without a will) but she had lasting power of attorney so their accounts just moved into her name. She has other siblings but all were estranged from her parents and got nothing. Worth noting that all the relationships in MIL's family are complicated and there is a history of just about every kind of abuse you can think of.

What happens to her accounts when she dies? I did some research and think it goes to probate (we have found bank statements and believe it is just over £30k), funeral and debts paid out from that then remainder goes to intestacy and split between DH and his brother. DH thinks his brother gets everything as he is older than DH. I am presuming inheritance law doesn't take family politics into account?!

(Make a will folks. Especially if you've got odd family dynamics going on. Please don't give your loved ones this pain to deal with)

Anything that is rightfully MILs will be split equally between your DH and his DB, after funeral expenses have been deducted. It doesn't go just to the eldest and you're right that family politics aren't taken into account.

However, I'd be careful about the money your MIL kept from her parents. That should have been split equally between her and her siblings, and if they find out they could come after you for it. It may be worth getting advice and dealing with the financials honestly.

As her parent died intestate, their estate should have been split according to the rules on intestacy - POA ceases upon death so the bank cannot just transfer money to someone else without sight of a will.
Your DH will need to see sight of her bank statements to find out how much money she actually received upon the first death, and he could try to trace the remaining p=beneficiaries.
Regarding whatever is left, it should be shared equally between siblings after funeral expenses and house clearing expenses are paid out. It sounds like there will be very little left.

Suggest you report your first post and ask this to be moved to legal, before you end up with a huge amount of well intentioned but incorrect answers.

FWIW, I agree with pp. in the first instance, it doesn't sound like her parents' estate was dealt with correctly. After which, once costs are covered, what is rightfully MILs would be split between DH and BIL.

As others say, the obvious issue here is that her parents' estate has not been distributed correctly. If they died intestate, their estate should have been split between her and her siblings. The fact the siblings were estranged from their parents is irrelevant. In the absence of a will, they were still entitled to inherit. If you are correct that her siblings have not received her share, the first step is to find out how much MIL received from her parents and distribute it properly (i.e. their share must be based on how much MIL received, not on how much is left now). That will clearly reduce the amount of money in MIL's estate. Her estate is whatever is left after that distribution.

In terms of what happens, if the bank account has over £30k it is likely probate will be needed, but that is up to the bank. Each bank sets its own limit below which probate is not required. Once probate has been obtained, MIL's siblings should be paid their inheritance from her parents first. That money does not belong to MIL so cannot be used for anything else. Once that has happened, funeral expenses and any debts should be paid. The remainder is then split between your husband and his brother. The fact that your husband's brother is older is irrelevant. Under the rules of intestacy, all the deceased's children are treated equally.

This link https://www.gov.uk/inherits-someone-dies-without-will can help you to confirm who inherits for each of the 4 people you have mentioned.

As a pp said you need to start with the first death, work out their estate and who inherits. Then move on to the next persons estate etc.

There is no urgency to do any of this. However, if you have access it may be worth trying to find key documents in your MILs house now. I would also recommend securing valuables and sentimental items such as photos so they don’t inadvertently go missing.
Note: At a later point in the process because they will form part of the estates they should be distributed in accordance with any will(s) you find or the intestacy laws.

I am sorry you are going through this. It may feel inappropriate doing this whilst MIL is still alive but having just had a relative die in very similar circumstances I understand how complex this can be.

Thank you everyone.

DH is currently trying to clear some stuff from her house and has found a copy of her parents will which does appear to leave everything to MIL. So intestacy would therefore not apply to their estate (phew!).

Thank you for all the helpful, non-judgy responses; DH's family is unbelievably complex!