Strange one - Stepmother Selling House (Dad deceased..)

Chillimonster

Bit of a strange question, and dont know where to ask advise...

My wifes mum and dad owned their house outright.

Around 15 years ago my wifes mother died leaving dad on his own. He met a 'lady' and they got on well. She also owned her own house outright.

Rather than live in either house they sold them both (at around £80k each) and bought one house for around £110k and lived off the rest of the money for a few years (along with pensions etc)

Around 5 years ago my wifes Dad died leaving just Step Mum in the house.

Now this is where we need the advice...... (Our family and their family don't really talk or get on.)

Stepmum has been living with one of her two children for a couple of years and the house has been empty, but we drove past it this week and it is now up for sale at £80k

If this house sells, is my wife due any of the proceeds, or does it all go to her and her family (considering that Dad sold the family home and put all of the cash into the new home etc)

When her dad died there was no will made out (that we know of, but like i mentioned we dont get on with step mum)

What we dont want to happen is that when Step Mum passes away (she is ill) it all goes to her family (which seems a little unfair)

It might seem mercenary, but we have a family to look out for also which if Dad would have still been with us would have been his grandchildren.

I know this might not be the right place to ask such questions, but it's a starting point.

Appreciate any advice that can be had.

Chilli :-)

Hippychick

She was his wife and under the rules of intestacy is entitled to everything.

That's the way it is i'm afraid, the Dad should have made a will if he didn't want everything to go to the wife.

princeofpounds

I think the first thing you need to do is establish the existence (or not) of a will unless you are totally sure there wasn't one. They become public documents at a certain stage in the process, there is a central record for them but I forget the name, am sure someone will be along in a bit who knows. The other main tactic to try is to ring around any local solicitors your father might have had dealings with.

Look on the land registry (only costs a few quid) to see who is on the title deeds of the house now, and if there were any recorded transfers of title.

Also, it would help to know, did your wife's father marry or just live with the stepmum? You would assume the former but your explanation is actually unclear on this point. And are the children from a previous relationship or related to your wife?

One thing to be aware of - when it comes to inheritances you should always mentally prepare yourself to either be in a situation where you suspect the truth has been covered up but can not do anything for lack of evidence, or be in a situation where the deceased has made a choice that feels unpalatable such as leaving intestate. These things always tend to be quite messy.

And of course, it's worth pointing out that your wife should have addressed this at the time of her father's death.

But overall it's unlikely anything is wrong, unless there was no marriage bond.

Chillimonster

Sorry, for the lack of detail.

Yes they did marry. It wasn't addressed at the time as my wifes fathers death caused my wife a lot of stress, but hindsight is a wonderful thing and we should have persued it at the time.

The step mums children are all adults and are from her previous relationship(s?)

Will have a look at the land registry, thanks


Chilli :-)

poppysarah

Were they married? Was there def no will?

Chillimonster

Yes they were married, and we were 'told' there was no will.

simpywimpy

If dad didnt leave a will, then the house will have reverted to the new wife. Tragic for you as family but unfortunately these things do happen.

poppysarah

You're probably out of luck then.

Sad as it is and your dad might not have intended this to happen like this - but without a will there's nowt you can do.

Don't beat yourself up over it - move on.

Chillimonster

Oh, we wont lose any sleep over it, but it would be nice if we were able to put something away for our daughters future.

You never know when she sells the house she may get in touch - after all it is Christmas and miracles do happen.

poppysarah

Chillimonster wrote: »

You never know when she sells the house she may get in touch - after all it is Christmas and miracles do happen.

Why not go and see her with your family. Take her a card and a small gift. Tell her you hope she's not missing your dad too much and would she like to come with you when the weather it better to go to his grave to take flowers?

TonyMMM

Chillimonster wrote: »

Rather than live in either house they sold them both (at around £80k each) and bought one house for around £110k and lived off the rest of the money for a few years (along with pensions etc)

You would also need to know on what basis the house was bought, .....If they bought the property as "Joint Tenants" then the house would automatically become hers anyway, regardless of the existence of a will or not.