House Inheritance-help Please!!

croboy

Hi,

My dad recently remarried and owns a large house outright with his new wife. I dont have a very close relationship with my stepmother (but we arent fighting or anything). My question is that if my dad passed away first could my stepmother leave the house/inheritance to her family (she has no kids but lots of siblings) when she goes??? I really dont want to ask my dad about this as its a bit taboo though i remember a while ago he said that he had done a will that stated that once he goes-the house passes to his wife and when she goes to us. Can you make such stipulations legally or could she make a new will??

HELP PLEASE!!!!!!

trafalgar_2

If your dad goes first she could just make a new will once it passes to her,as it's then her property to do as she wants and leave to whom she wants

jonnyw_2

Unless hes left her a life interest only, in which event she doesnt own the house herself and hence cant give it away in her will,

but if he has done this you get hammered for tax on your stepmothers death!

seven-day-weekend

My friend's father left his house to her stepmother. When she died, the house went to her children and my friend and her sister got nothing. I don't know whether or not the stepmother left a will.

Bossyboots

If he made the will before they married and did not include a clause stating the will was made in anticipation of that marriage, then it is invalid now anyway.

As as been said, there is nothing stopping her willing it to her own children or even dying intestate in which case it would pass to her children anyway subject to the limits under intestacy.

If your father wishes his accumlated wealth to benefit his own children then he needs some proper financial advice and expert advice on drawing up a will to safeguard this.

The only thing at the moment is that if his will is invalidated by his subsequent marriage and he dies intestate then his wife would get £125,000 and the rest would pass to you with your stepmother having a right to the interest on part of the capital for her lifetime. I will look up the exact rule later when I have a bit more time to double check the figures but that is the gist of it.

croboy

So basically, unless he has left her just a 'life interest' then my brother and I have no guarantees and just the hope that she carries out his wishes! If my step mother died and left the house to her family in a will could my brother and I contest it??

mi-key

I dont want to offend you, but why are you worrying about this ?

For a start, how do you know that your father and stepmother havent already discussed this and sorted it out between themselves ? I assume your father married her because he loves her, in which case he would want her to have his estate if he died, why would he want to just give her a life interest and her be left with nothing to pass on to her children if thats what she wanted ?

An inheritance isnt an automatic right - maybe your father will leave it all to the local dogs home, and you wont get a penny ?

I just feel this is basically nothing to do with you and he should be left to sort out HIS money and estate as he wants - if this includes you and your brother getting part or all of it in the future, then thats his business - if he wants to leave everything to his new wife, and let her decide to do what she wants with what is then HER money ( you seem to automatically assume it'll only go to her children, when she could be planning to divide it equally between all of you ), then there isnt much you can do about it.

gingin_2

My Grandad just died and his second wife has inherited the house and assets which is then to be left to her children. My mum accepts it but is a little peeved as they have not been married long.

croboy

Ok-i know what your saying, it does seem rather callous however i have two main issues.

When my dad remarried, 99% of their accumulated wealth was his and i dont see why his hard work should be left to 'another family'. My dad is very, very adamant that he wants his house to go to my brother and I so i want to respect his wishes (and if im honest-inherit the house)

Secondly-i dont get along famously with my stepmother so I see no reason why she wouldnt leave anything she inherited to her immediate family as opposed to my brother and I (she has no children)

clutton_2

i think you have to talk to your dad, none of us can offer any sensible advice here as we dont know what is in his mind.

Andy_L

croboy wrote:

'. My dad is very, very adamant that he wants his house to go to my brother and I so i want to respect his wishes (and if im honest-inherit the house)

You Dad just's needs to write an appropriate will & that is what will happen.

Andy