Divorce and Inheritance

NewStart09

Do you have to declare a 'possible inheritance' ? My father has recently died, however, he was long suffering and in hospital for the last 14 years, so just imagine the bill! (in USA)

I have no guarantee of getting anything, there was no will.
Well that could be found that is! (long story)

So I filed for divorce months ago awaiting my Nisi, should I say anything to my solicitor? I have nothing concrete to disclose other than his death? I have been told that his estate is in probate and it could be a year before I know anything, I don't want the divorce to be postponed or delayed unnecessarly.

NewStart09

Fang_3

Did you get a clean break order? You'd be best off getting proper legal advice to be sure.

BitterAndTwisted

You can't declare what you haven't got. You may not get anything as the medical bills may have eaten up everything.

NewStart09

Yes, I agree, as my so to be ex has never paid me any child maintanence or support I am reluctant to report the death, as he may delay the divorce expecting me to pay him money!

I would rather deal with this later, if I actually receive anything.

I have been through enough in the last year!

NewStart09

clearingout

You need to speak to your solicitor. I had a similar situation - dad died, no will but no probate granted as we were waiting on a coroner's hearing (which took two years). As my mum was alive, we were able to say that it would all pass to her (which it would) but my ex spent hundreds fighting me on it through solicitor's letters - I think he just wanted to know how much my dad had left and it was killing him not knowing!. In the end, we got my mum to make a declaration that there was no will, she would inherit and her solicitor sent that to my solicitor who passed it to my ex's solicitor. Nothing more said.

You do need to make sure that everything is 'tight' legally and that there can be no comeback from your ex. I would suggest you tell your solicitor so that he/she can advise whether you need to declare it. In the meantime, it would be worth seeing if you're able to get any idea of whether you'll receive anything and a ball park figure if you do - there's a huge difference between inherting £1k and £100k from an inheritence when you're divorcing. It's not that you'll necessarily have to give your ex anything but more that he would have a greater claim on your joint capital if you've come into some serious money. I assume your dad died outside of you breaking up with your husband?

NewStart09

"I assume your dad died outside of you breaking up with your husband? "

Hi I am not sure what you mean from this above?

I walked out on my Husband last June and have not live him since. I have my own house, filed for divorce with the court last December 10, so obviously prior to my fathers death, as he had lived this long there was no reason for me to believe he could have lived longer.

There is no will, that is what I have been told by my family my parents divorced over a decade ago. There are however to other siblings other than me, so I am not the sole heir so to speak.

My father did come from a wealthy family, though all the money and property had been placed into a trust, which I do not know the details of, that was to protect it from being absorbed by my fathers hospital bills. My uncle is in charge of that.

I am not aware of any life insurance or if there would be any dependent benefits as he was long serving in the military.

I have been told this has been all handed over to the probate courts to decide and due to the complexity it could be sometime before I know the outcome, if any after the hospital bills are paid.

I want my divorce to be finalised and am not aware of any money coming my way in the immediate future, I can not speculate on such a complex matter. Hence my reluctance to tell my solicitor, as I think she will delay things and increase my solicitor bill.

I dont want to end up in debt for an inhertitence that may never arise.

I am an honest person, but I can not disclose information, I do not have.


NewStart09

GemBlueTopaz1984

Hi NewStart09,

I would have to recommend disclosing what you do know to your solicitor, they are there to do their best by you, why would telling them make it more difficult. It will be difficult if the inheritance is raised by your soon to be ex husbands side ( i assume he is aware of your dads passing) and your solicitor has no knowledge of the situation to argue your side of it. Your solicitor will be able to advise you on the best course of action, they aren't there to screw you over with more paperwork fees, its possible that doing a certain piece of paperwork clean break order now might be alot cheaper then if your ex husband comes back for a share of your inheritance later on. see this link.

http://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

I bet he wished he had spent that little extra back then to save the cost he has had to pay now (obviously not the same situation but does go to show what can happen)

Mojisola

Talk it through with your solicitor. If the money is in trust, it might be that your OH couldn't have a share of it even if the inheritance came through before the divorce was final.

mountainofdebt

for whats its worth my parents had split up a number of years before they actually went throught the process of the divorce.

During the process, my maternal nan died and a week after she died - and two days after her funeral - mum received a letter from the solicitor stating that my father's solicitor had become aware of the possibility of my mum receiving an inheritance and they wanted details.

I can't remember the specifics but I know it affected the financial settlement.

NewStart09

My solicitor is disappointing to say the least, she uses the most expensive way to contact me, by letter, rather than phone or email.

I have noted to her, I feel she is delibertly trying to excaluate my bill, she was not happy, but than she is not the one paying for this, I do not see the letter my husbands solicitors sends nor her replys for that matter, but I get charged for her to read the letters and respond. (I requested this information, and she informed me it is not 'normal practice' for her to disclose this information') I have that in writing from her!

Hence my distrust, I am on a low income, and know I should disclose, but I feel she would only drag things out to try and create a larger bill for me.

I am so annoyed because, I have been trying to get divorced since last August, it took her 3 months just to file the papers to the court, and that was two months after I gave her all the papers she required.

clearingout

Hi - the reason I asked if your dad died 'outside' of your marraige ending was just because if he'd died 3 years ago and you were still waiting on the probate (it happens, let's face it!), you would have technically inherited within the marriage and as far as I can tell, that can/could make a difference. but if your dad died after the marriage has ended, you'd hope that any inheritence could be made entirely yours - but there is this issue of your ex having a larger claim on your joint capital because you have come into money elsewhere and therefore your 'need' financially is less than it was. does that make sense?

I appreciate your concerns about rising solicitor's bills but if you don't disclose this, you run the risk of it coming back to bite you. If you are up to date with your solicitor's bills, you could find yourself someone else you're happier with?