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Original poster

Who will inherit?

44 replies

CarrotyO · 03/02/2024 14:25

My DF is 10 years older than his wife (my SM). She has two DC from previous marriage. Assuming he dies first, she is next of kin and will inherit house etc. When she dies I assume that any property / money will pass to her DC. Is that how it works - if a DF remarries then his children no longer inherit anything? (I know that there will possibly be nothing to inherit due to paying for care etc but I am just curious. My DF inherited from his DF but assuming that I won't inherit anything myself?).

OP posts:
Midnlghtrain · 03/02/2024 14:27

If he has a will he can leave you money / things / part of the house in it.

Coldupnorth7 · 03/02/2024 14:28

Look up intestacy rules if there's no will but if he leaves a will, it's entirely up to him.

He does need to have done a new will on marriage.

Original poster
CarrotyO · 03/02/2024 14:29

He doesn't want to make a will. He wants it to all go to her so she has somewhere to live so is happy to just go with the next of kin rule.

OP posts:
Beenaboutabit · 03/02/2024 14:29

Depends on the country. Different in different parts of the UK, too

Original poster
CarrotyO · 03/02/2024 14:30

We're all in England.

OP posts:
HappiestSleeping · 03/02/2024 14:30

His assets will go to whoever he names in his will. If he doesn't have a will, his wife will get everything, then it's up to her what she does.

Original poster
CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

OP posts:
boopboopbidoop · 03/02/2024 14:32

CarrotyO · 03/02/2024 14:29

He doesn't want to make a will. He wants it to all go to her so she has somewhere to live so is happy to just go with the next of kin rule.

The. He writes a will with his wife having a life interest in the property so she has her home until he dies and then upon the sake of the property proceeds go to his children. This is very very standard and common.
If he resists then he is actively telling you he doesn't care about you. If she resists there is only one reason and that is she is looking out for her own dc.

boopboopbidoop · 03/02/2024 14:32

Until SHE dies. Sorry about all my typos

DeeLusional · 03/02/2024 14:32

Too many unknowns. Is it his house or in joint names? If joint names, she gets the house. She doesn't necessarily inherit everything if there is no will. Anyway that's what Google is for.

Lizzieregina · 03/02/2024 14:32

Yes if he doesn’t make a will everything will go to her and if she doesn’t leave a will, everything will go to her kids.

We put our house in a trust so that in the event of us dies and the other remarries, our kids will inherit.

I wouldn’t want everything I’ve worked so hard for to go to someone else’s kids.

viques · 03/02/2024 14:32

Your DF needs to make a will , he can then include something for you, usually cash, or personal effects . If he wanted to leave you a share in any property then it would usually stipulate that she has a lifetime interest in it, ie wouldn’t have to leave or sell the property during her lifetime.

If he dies without one then yes, she will inherit everything and will then in turn be able to pass things on to who ever she wants to, which could be her children, or could include you. I am assuming that you are an adult not a dependent child.

If she dies before him then as his next of kin you would inherit if he dies intestate.

Octavia64 · 03/02/2024 14:34

If he has no will everything goes to his wife.

If she has a will then those instructions would be followed.

If she does not then it goes according to the intestate rules. So if she has remarried it goes to her then spouse. If not then split between her children.

Either way not to you.

rwalker · 03/02/2024 14:34

He can leave it to you with lifetime interest for his wife so she can live in it till she dies

but you need to sort who pays for the upkeep in the time she lives there

HappiestSleeping · 03/02/2024 14:34

CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

Morally, yes. Legally, only if she writes you in to her will.

You should discuss this with your father if he still has capacity.

Octavia64 · 03/02/2024 14:34

CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

Correct.

Riva5784 · 03/02/2024 14:35

If SM inherits the house or anything else, it then becomes her property to do with as she likes. She could remarry, spend it all, write a will and leave it to the dogs home or whoever.

ElevenSeven · 03/02/2024 14:38

CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

Correct.

He needs to write a will.

Original poster
CarrotyO · 03/02/2024 14:38

Thanks all. My grandfather was really frugal with money and made sure to leave to his children. It is hard that my DF doesn't seem to have the same mindset. My DM has spoken to him and asked him to get a will for our sakes but he has resisted. He doesn't seem concerned about leaving his DC anything. He's a loving father but just not concerned about this aspect. Not sure I will have the conversation as it's a tricky one, and at the end of the day it's up to him. But at least I can be aware and come to peace with things.

OP posts:
Dacadactyl · 03/02/2024 14:38

Yes if he doesn't make a will it will all go to her and you will get nothing. And then if she dies without a will, it will all go to her children.

That is, unless she makes a will herself and leaves you a third, along with her own children. So it just depends how hard nosed your stepmother and stepsiblings are as to whether they give you anything (I certainly would share it myself)

Original poster
CarrotyO · 03/02/2024 14:41

My SM will def continue to prioritise her DC over us. There was never an attempt to 'blend' our family on that side. So I have no expectation of her having any thought to leaving anything to us, I doubt that would occur to her.

OP posts:
viques · 03/02/2024 14:44

CarrotyO · 03/02/2024 14:31

And I would have no right to anything as her step-child?

No, just as her children will have no claim on his property as his step children.

ElevenSeven · 03/02/2024 14:45

CarrotyO · 03/02/2024 14:41

My SM will def continue to prioritise her DC over us. There was never an attempt to 'blend' our family on that side. So I have no expectation of her having any thought to leaving anything to us, I doubt that would occur to her.

It’s for him to prioritise you, not her.

Soontobe60 · 03/02/2024 14:45

Tell him that whilst you understand he won’t want her homeless if he died, if she inherits the house then remarried her new husband would then inherit it.
he can leave his house to you with a trust agreement that will allow her to remain there until she remarries, goes into care or dies; this is very common and a solicitor can explain this easily to him.