deed of variation

John_Pierpoint

shortbread wrote: »

I have tried to answer the questions below. Right from beginning, the step aunt and uncle have said that whatever is in estate can go to the children.Boyfriend and his sister and brother. When signing letters for the probate, they thought they had been signing away any rights to the estate, so it looks like they are fully ready to bypass any cash they would receive from the estate............however when it comes down to hard cash, there are always tempations


Did step father still have living parents? NO
Do step uncle and auntie have children of their own? Yes
What happened to step father's legal partner (presumably boy friend's mother?) Died 7 years ago
Assuming that she has died, what became of her estate?
Did step father have an opportunity to adopt boyfriend? Biological father refused
What became of boyfriend's biological father? still alive
Does step father have other biological children legitimate or otherwise? Son died 4 years ago
Presumably Stepfather was a citizen living in England and the Estate (ie house furniture savings car etc etc) is all in England? Yes
Are all these people citizens of England (ie not Scotland/France/South Africa etc) as different countries and cultures have different attitudes towards family wealth. yes


Thanks

You can choose your friends but not your family!
If you check out my previous postings, you will see that I am in the middle of sorting out a partially intestate estate.

There has obviously been a "problem" in the past between boyfriend's (mother) and
boyfriend's biological father - perhaps that is all deeply buried now but don't forget you are dealing with what will become public knowledge.

Are there any financial stresses involved in this. Anyone in serious financial difficulties?
For example if I were one of the children of auntie/uncle and got stuck with having to "sub" my parents in their dotage, at some considerable cost to my own family, I might get somewhat resentful about the 45K my parent gave away.

Step father's biological child dying four years ago sounds something of a tragedy, what happened?
Presumably step father is nobody's biological grandparent?

shortbread

Would appreciate help................. obviously the solicitor is going to have to explain what is going onto them.

Surely a family passing on the estate to the step children should be concerned about what the deceased would want rather than their own monetary gain...........and if not, then do you think they would have even offered this in the first place??

shortbread

John_Pierpoint wrote: »

You can choose your friends but not your family!
If you check out my previous postings, you will see that I am in the middle of sorting out a partially intestate estate.

There has obviously been a "problem" in the past between boyfriend's (mother) and
boyfriend's biological father - perhaps that is all deeply buried now but don't forget you are dealing with what will become public knowledge.

Are there any financial stresses involved in this. Anyone in serious financial difficulties?
For example if I were one of the children of auntie/uncle and got stuck with having to "sub" my parents in their dotage, at some considerable cost to my own family, I might get somewhat resentful about the 45K my parent gave away.

Step father's biological child dying four years ago sounds something of a tragedy, what happened?
Presumably step father is nobody's biological grandparent?

Not really sure what the biological father has to do with anything..............he just refused to let them be adopted but had nothing to do with them. No big secret.

If the aunt and uncle are willing to pass on their claim to the estate,(which they had been right from the get go) all I need to know is will the DOV be appropriate and is this all that is required, for boyfriend sister to get house valued, sold and then distribute what is left..............to her self, and two brothers? obviously after all debts have been paid out.

Thanks

shortbread

dzug1 wrote: »

Well I would regard it as cheating if the uncle and aunt give up their right to the estate without having the chance to reconsider in the light of at least a rough estimate of what's involved. There's at least a hint in your post of pushing things through without telling them. Maybe unintentional poor wording - but it's there.

Most undertakers will give time to pay until after probate.

Probably poor wording...........however they have been willing to pass over rights to anything , right from the start, and at that point everyone was unaware of what the estate is worth, to be honest no-one will know until house is valued and then all debts are paid off.

Obviously they would be told when the DOV is drawn as I am sure the solicitor would be explaining the situation.......

However as a couple of you have pointed out..........when it comes down to hard cash, some people are poisoned by greed rather than what is right and what would be wanted by the deceased .

Cheers again for your help.