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Original poster

Legal help needed PLEASE - step-dads estate

31 replies

Ziopin47 · 26/11/2020 20:36

Good evening 😊

I am after some advice here as absolutely clueless with legalities of money.

My step-dad died a few months back. Him and my Mum has been together for 35 years and married for over 20.

Step-Dads family wanted nothing to do with my Mum or her family and only had minimal contact with him over the years.

Sadly he has passed away without leaving a will, and I have been contacted this week by his son who's asking about his money in the bank account and he wants to sell his house.

This has really upset my Mum. Am I being naive her, or does she automatically inherit his instate as his next of kin and lawful wife? Can his family legally challenge this?

Thanks x

OP posts:
Noidea2114 · 26/11/2020 20:39

I'm not a solicitor but I always thought the next of kin inherits the estate unless a will says otherwise.
In which case it's your mum who inherits.
Have you got a solicitor doing probate. Ask him/her.

HollowTalk · 26/11/2020 20:43

Are you in England? I know Scottish inheritance laws are different.

If you're in England then this is what the Citizens' Advice Bureau says:

If there is a surviving partner, a child only inherits from the estate if the estate is valued at over £270,000. If there are two or more children, the children will inherit in equal shares:

one half of the value of the estate above £270,000.
All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships.

HollowTalk · 26/11/2020 20:44

I think it would be very cruel of your mum to not give a share to his son.

Original poster
Ziopin47 · 26/11/2020 20:45

Thank you so much, yes I'm in Hertfordshire. I thought that was the case, I just think the son was trying to bully my Mum into thinking he would access the entire estate. I will contact a local solicitor tomorrow. Thank you again x

OP posts:
Original poster
Ziopin47 · 26/11/2020 20:46

HollowTalk - I agree with you and hopefully they can come to some agreement in regard to this.

OP posts:
Brown76 · 26/11/2020 20:47

The info you need is here: www.gov.uk/inherits-someone-dies-without-will

Your mum should apply for probate, should inherit the majority share but may have to share some of the estate with other heirs.

Berthatydfil · 26/11/2020 20:47

If there is no will she inherits everything up to a certain value. It would be worth going to a solicitor for some advice.
I would also tell the son that your mother is doing this and he needs to back right off.
Unless he is named as a joint account holder with his father he has no automatic rights to any bank account, things may be more complex regarding the house depending on ownership title and value of the estate but even if he was entitled to something the estate would need to be administered properly and that could take months.

buckeejit · 26/11/2020 20:48

I'm guessing the estate wasn't massive or he would have had financial advice which would have included make a will. Definitely get her to speak to a solicitor & hope to get it sorted. Also, make sure your mum (and you) make a will!

Soontobe60 · 26/11/2020 20:51

@HollowTalk

I think it would be very cruel of your mum to not give a share to his son.
Why? For all you know the step mum may have supported her husband for many years, paid for the house, worked. Why should a son who's not bothered with his father for years get any of his money?
PanamaPattie · 26/11/2020 20:53

Sorry to hear about your stepdad. It's a shame his son has only made contact to sniff out any possible money.

RedDiamond · 26/11/2020 20:59

Tell your DM not to worry. The fact he did not leave a Will is neither here not there. The FACT there were married is very important. Your DM will inherit everything.

Santaisironingwrappingpaper · 26/11/2020 21:00

If his ds was supposed to have his worldly goods dsf would have left a will..
He is a grabby cf..

Xenia · 26/11/2020 21:01

If there is a house in Herts there might well be £1m of equity, inheritance tax issues and all sorts and well over the relatively small amount the spouse gets if there is no will.

RedDiamond · 26/11/2020 21:04

@HollowTalk I hope that when the Mother dies, she will put into her Will that he gains then.

I think this is something that lots of children have to realise now - My DF is on his 5th wife, She is lovely. But if she outlives him, I will get nothing. I have learnt to live with the fact that I will inherit nothing as she will give it all to her family then I have nothing to be disappointed about.

Soontobe60 · 26/11/2020 21:04

www.gov.uk/inherits-someone-dies-without-will

www.gov.uk/valuing-estate-of-someone-who-died

A couple of links to some information that will help you. You don't need a solicitor - they could charge you a great deal!

thecognoscenti · 26/11/2020 21:10

@Soontobe60

www.gov.uk/inherits-someone-dies-without-will

www.gov.uk/valuing-estate-of-someone-who-died

A couple of links to some information that will help you. You don't need a solicitor - they could charge you a great deal!

They'll also be qualified, regulated and insured. The cheapest route is often not the best.
carly2803 · 26/11/2020 21:14

your mum will inherit - as they were married.

get a good solicitor

Original poster
Ziopin47 · 26/11/2020 21:29

Thank you all so much for your comments and advice. I will advise my Mum to seek legal advice in the morning.

OP posts:
thecognoscenti · 26/11/2020 22:27

Great news OP. This can all be sorted and your mum will be fine x

BarbaraofSeville · 27/11/2020 06:56

@Xenia

If there is a house in Herts there might well be £1m of equity, inheritance tax issues and all sorts and well over the relatively small amount the spouse gets if there is no will.
This seems to be the key point. If the estate is below the limit where the spouse inherits everything, it's a lot simpler than if it's well above.

Sounds like the OP needs to read the information on gov.uk and act accordingly. An initial discussion with a solicitor will probably worthwhile and proper help if the estate is large.

CF relative will just have to wait as it can take months for it all to go through.

Xenia · 27/11/2020 07:54

We are not far from Herts and my son is looking for a house, not flat, for £375k and that rules out a large number of entire areas around us although not all.

BarbaraofSeville · 27/11/2020 08:15

The key question your DM needs to think about OP is does she want to stay in their house, so would there be an issue if there is inheritence tax to pay (maybe not as there is a generous allowance for transfers of property between spouses) and/or if your step dad's DS is entitled to an inheritence if she doesn't have money to pay these without selling the house or getting a mortgage - would she be able to do this? Are there alternatives that would allow her to stay in the house as long as she wants/needs to and any inheritences due will have to be delayed?

I think it would be very cruel of your mum to not give a share to his son

It would also be cruel of the son to expect his dad's wife that she was with for 35 years to sell the home she shared with him so he can get an inheritence from his dad that he has barely bothered with during his lifetime.

ivykaty44 · 27/11/2020 10:43

so if ops dear mum and step dad owned a house together - so half each, and the house was valued for probate at £540k, would this mean that there is nothing to inherit for the son? supposing the house was the only assist and just a couple of thousand in the bank

as the house is only half the step dads

pinkearedcow · 27/11/2020 10:52

What happens with the house also depends on whether they were joint tenants or not. If they were, OP's mum automatically inherits the whole house, so the son will only have a claim to the rest of the estate, he can't touch the house.

pinkearedcow · 27/11/2020 10:53

Definitely get proper legal advice OP.