No will - who gets what when stepchildren involved?

secondone

My Mum and Dad divorced in the 70's.
He re-married someone who had grown-up children.

I was still in constant touch and considered part of the family by his new wife.

In 2007 my Dad died. I don't know if there was/is a will. I wasn't privy to any paperwork at the time.
I was still in constant touch with his wife who subsequently went into a home and I found out last year that the house had just been sold. Too late, I discovered that it had been virtually cleared out (none of the family had thought to ask if I wanted anything - particularly Dad's stuff).

I did a probate registry/will search which has only just come back saying that nothing was found.

Now the wife has died and I need to find out what my rights are, if any?

The estate will have been below £120,000 when my Dad died in 2007 and I understand this will have gone to his spouse but don't know what happens after that, especially regarding children/step children.

I can answer vague questions but obviously don't want to give too much info in case any family see this.

Thank you for reading.:)

meritaten

sounds as if your stepmother applied for and got letters of administration for your dads estate. now I am not sure if she should have included you and any other siblings as beneficiaries as you were surviving blood relatives. obviously, she didnt and HER estate will pass to her children. Unless she has included you in her will I dont think you could expect to inherit.

Not sure if there is anything you can do about it now. I am sure wiser heads than mine will be along soon and give you more informed advice.

elsien

I think it really depends on whether your dad died intestate or not, the size of the estate, and whether/how the house was jointly owned. This will give you some rough guidance.

http://www.adviceguide.org.uk/index/your_family/family_index_ew/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

If your dad left everything to his wife, then it looks like you're out of luck as you will be a relative to her by marriage and so not entitled to anything according to the above link. Plus if the house was sold to pay care home fees, there may not be much left to share anyway.

Plans_all_plans

If she's died without a will, then I think it's likely you may not get anything because you are not blood related to her. Someone will correct me if I'm wrong.

I would hope that your step-siblings would do the right thing by you though, if it turns out that 'legally' you won't directly inherit. If I were you I'd speak to a solicitor just to find out where you stand.

Mojisola

If your father didn't leave the will, then his wife would have had everything - this isn't the case if the estate is large.

Everything now belongs to your step-mother and, if she died without leaving a will, everything she left will go to her blood relations. You won't have any claim on her estate.

secondone

Thanks for the replies so far.

Elsien: Yes, I'd seen a similar link and also the direct.gov site one, thanks. I just didn't know whether I would be classed as the child or the stepchild now.

As I mentioned, the estate was under £120,000.

I am certain that both my Dad and his wife would have wanted (and expected) everything to be shared equally between ALL the children but they probably assumed this would happen anyway and wouldn't have known the pitfalls of not doing everything a certain way.

If my Dad didn't leave a will (may try ringing some local solicitors, just in case), then his wife will not have done afterwards.

Thanks

secondone

plans: Thanks for the reply. Can't thank you as the 'thanks' button has disappeared. Unfortunately I doubt that the step-siblings will 'do the right thing' seen as they never considered me when clearing/selling the house.

mojisola: Thanks for the reply. Can't thank you as the 'thanks' button has disappeared. Unfortunately I think you are probably right. Doesn't make it fair, though .................... especially as if the boot had been on the other foot it wouldn't have crossed my mind NOT to share everything equally!

onlyroz

secondone wrote: »

I am certain that both my Dad and his wife would have wanted (and expected) everything to be shared equally between ALL the children

If this was what they wanted then they would have left a will to specifically include you.

74jax

onlyroz wrote: »

If this was what they wanted then they would have left a will to specifically include you.

I agree with this. If you want to leave people something then you make a will stating that.

Jinx

onlyroz wrote: »

If this was what they wanted then they would have left a will to specifically include you.

I disagree. Thousands of people each year die intestate which means they didnt include or exclude anyone; regardless of their wishes they didnt act on it.

Also many people trust that families will be fair in regards to step-siblings and many other scenarios but when it comes down to it, they keep the money for themselves because they can legally can even if they know it wasnt what the deceased wanted.

secondone

I agree with jinx. The legal system can be complex, especially to older people. It is only looking into the matter now that I have found out that stepchildren are excluded. The thing is, when my Dad died, I WASN'T the stepchild but as the estate was under £125,000 it all went to the spouse. Now suddenly the reverse is the case and I AM the stepchild, so everything is turned on its head!

As I said before, I am sure my Dad and his wife would have (wrongly, it now seems) assumed that everything would be shared equally between us all and that everyone would play fair. We shall see but if disposal of the contents is anything to go by, I am sceptical at this moment in time.

My one chance seems to be if any wills surface. I was hoping the probate search would offer some clues but drew a blank. Is there any way of finding a will, apart from through probate searches and perhaps phoning local solicitors?

Thanks