Legal help needed PLEASE - step-dads estate

[Ziopin47]

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

This

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.

Also to add to this
Engaging a solicitor will ensure that everything is done properly for the estate, probate, IHT etc but it will also provide a professional person who is not emotionally involved to provide a buffer to the grasping son at this upsetting time for your family. And this will probably be worth it’s weight in gold just to say to son -
“please don’t contact mum the solicitor is dealing with everything. They can be contacted on Xxxxx phone no or email xxxx, bye! “

He won’t be able to emotionally manipulate or bully them like he could (try) to do to your mother.

As well as the house, providing it is held as joint tenants, becoming wholly your mum's, any savings or money held in joint accounts is automatically hers and will not count as part of the estate.

If they own house jointly it automatically passes to your mum same with joint bank accounts.

If in England first £270 k to spouse and all personal chattels. Half remainder to your mum other half to his dc equally.

Why on earth did he not make a will?

@MsTSwift

If they own house jointly it automatically passes to your mum same with joint bank accounts.

If in England first £270 k to spouse and all personal chattels. Half remainder to your mum other half to his dc equally.

Why on earth did he not make a will?

Same reason as my late partner, probably - inertia.

I presume that your mum did not own the house, seeing as you say "the son wants to sell HIS house".

They had also been married for a very long time and together for even longer. None of that matters without a will, but it is awful that the son is acting like your DM is some kind of flash in the pan nobody :(

Without a will, the intestacy laws apply and only professional legal advice can tell her what's what, depending on the total value of the property and the estate. The son may well get a share if it goes over the limit, but he has to wait for it all to be done properly.

I would get a fee quote upfront if you can, as it sounds fairly straightforward.

Don't forget that if the house is held as tenants in common, (most are) that the house will automatically pass to your mother and wk t form part of the allocation under intestacy laws.

www.bonnetts.co.uk/2020/01/15/joint-tenants-vs-tenants-in-common-pros-and-cons/