Inheritance problems ahead ?

hundredsandthousands_2

Hi , Today I had a conversation with my mother about planning my future pension , she told me I shouldnt worry so much because my sister and I would inherit her and my fathers house.

However I know my father had a child with another woman whilst he was married to my mother (whom we have never met).

Could this person stake a claim on my parents house ?

My mother says this can not happen , she seems so certain.

I dont know what to think, but would like to be prepared for any furture shocks.

any ideas on this one ?

P.s they have not made a will.

Plans_all_plans

I think that your half sibling would have a claim if your father died after your mother. If your mother dies last then I don't think they would have a claim, but not 100% sure on this.

They should make a will for definite as your father may wish to provide something for his other child (even if it is a token amount). Conversely, he may wish to make it explicitly clear that his other child is to inherit nothing.

Finally, you really should make your own pension provision. Relying on an inheritance would be totally foolish. If your parents needed to go into a care home, their assets may be used up and you would be left high and dry.

A visit to a solicitor would be in order.

savingmummy

A will is a must and obviously discussion between your parents about it.

As pp has said inheritance may not be available oe not as high depending on the future needs.

jetta_wales

It depends on who's name the house is in. If it is in just your fathers name then even if he was to pass away before your mother then the house would still go to his children (including the one from another mother) after your Mum has died.

Best to make a will if they have specific wishes for their estate after their time.

Gigglepig

If this child inherits a share of the house from the dad why is that a "problem"? It is not a bit harsh that he or she would get nothing from their dad?

If I were in this position I'd want the sibling to have their fair share, i.e.

Your mum's 1/2 of the house divided between you and your sibling
Your dad's 1/2 of the house divided between you, your sibling and your half sibling

This is just my opinion, obviously your parents are free to do whatever they like :-)

McKneff

This is a half sibling, why shouldnt they have a claim on their fathers estate.

The circumstances of its conception and birth parents is no fault of theirs

onlyroz

I really wouldn't plan your life assuming that you're going to get a big inheritance. Who's to say that one or both of your parents might end up in a nursing home needing expensive 24/7 care. You also have no idea how long your parents will live - you might end up retiring while they're still alive and strong.

Best to make some sensible investments for your future now and then *if* you inherit it will be a nice extra, rather than a necessity to maintain your lifestyle.

skylight

Yes make a will.

Same situation some years ago when OH and I were making wills. He has another child elsewhere and the solicitor stated that things can get complicated if you have not mentioned them one way or another in the will as they do have a claim on the will (as would you if you were not in your parents will).

A claim is just that though - it goes to the courts to decide.

The hard and fast rule to this is if you want something specific you must specify it and get a will written properly.

Plans_all_plans

Gigglepig and McKneff: I didn't read anything from the OP that actively SOUGHT to exclude the half sibling. They are seeking clarification on some of their mother's comments about entitlements.

The OP did not say it would be a "problem", they just wanted to be prepared for possible "shocks" after their parents death if their mother has misinformed them. nothing wrong with that.

Gigglepig

Plans_all_plans wrote: »

Gigglepig and McKneff: I didn't read anything from the OP that actively SOUGHT to exclude the half sibling. They are seeking clarification on some of their mother's comments about entitlements.

The OP did not say it would be a "problem", they just wanted to be prepared for possible "shocks" after their parents death if their mother has misinformed them. nothing wrong with that.

Maybe I misunderstood, but the post of the title is "Inheritance problems ahead ?" and the OP mentions "shocks" down the line, so to me it looks like the OP would consider it a problem and a negative thing (shock)if the half sibling puts in a claim...

Plans_all_plans

Well yes, I expect they would think it was a shock if they'd blindly gone on their mother's advice and not prepared for retirement. Then upon their deaths a half sibling popped up from somewhere claiming on the estate (as is their right and in my opinion the father should make provision for this child). Nothing wrong with seeking clarification before following advice.

I note the post title does mention 'problems' which I'd forgotten about before.