Mum passed away..no will..help

JimmyJack

Hi

This is my story :

My mum and dad bought a house together 25 years ago. Mortgage is under my mum and dads name, house deeds is my mum.
Mum and dad divored 10 years ago but split up 15 may be.

Anyway..my mum found a new partner - partner not husband. He moved in to the house 6 years ago.

Unfortunatley my mum passed away several weeks ago and she left the life insurance to her partner. He has contributed towards the house hold bills, even though the mortgage came out from her bank account. He is now claiming to want 50% of the house.

He has lived there for 6/7 years and now wants 50%. Surely the house would go to her children as they are blood. He has her life insurance payment now surely he will not be due anything else.:mad:

Anyone help with any advice ? He seems to think the world revolves around him and to think my mum never married him - thank god.


All replies appreciated.

jd87

I can't help with the legal side but just wanted to say that it sounds like you really have it in for this man and that kind of attitude just isn't going to help. Your mum must have loved him and it was her decision to move in with him and leave him the life insurance, and because of that, he is entitled to whatever the law decides he is entitled to. You should start to accept that as soon as possible - it will make this whole thing a lot less stressful.

kingstreet

The rules of intestacy apply and the partner (as there's no formal marriage/civil partnership) does not inherit anything if there's no will. He is left with the life assurance payout and that's it.

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

However, your father is left with a mortgage on a property he no longer has any share in.

This is a real mess. Legal advice needed pronto, I'm afraid.

JimmyJack

I appreciate all the advice. I am not argueing the fact of the life insurance pay out at all, im just saying greed is a horrible thing.

So are you telling me my mums boyfriend is entitled to nothing under the law ? He has alaready got the life insurance payout. He wants 100% he said of the estate.

So basically he wants our mums money and our inheritance.
Such a shame when this thing happens, not just us and our family but anyone else. Money changes people..

If it went to court I would wonder what the verdice would be.
He has lived there 6 years roughly. Surely the courts would laugh at him ?

ACG

Read Kingstreets comment. Its spot on.

Also with regards to the life insurance, was it place in trust to your mothers partner? If not why has it gone to him? Have you checked that that is all ok legally?

sleepless_saver

Your mother's partner does not have any rights to her estate (assuming this is England we're talking about). You, and any other children of your mother, are entitled to the everything she left. But you will need help from a solicitor to get this mess sorted.

See link
"Who cannot inherit
The following people have no right to inherit where someone dies without leaving a will:
unmarried partners..."

casey

Firstly, let me say I'm sorry for your loss.
It is a very difficult time for you. I think that you need to seek legal advice as soon as you can. If you delay you are just going to tie yourself in knots because you are not in possession of all the facts.Good luck with it .

Badger_Lady

Please do try to see things from his perspective... I know it's difficult at times like these - you've lost your mother and that is the most important thing in the world to you right now - but you're not the only one who's lost her.

This man's partner has died and he wants to carry on living in his home. Maybe the life insurance is sufficient for him to keep up the payments - I hope so - but does that even help? If parts of the house are now split between you and her ex, will he be evicted? Would you and your Dad decide to sell it out from under him? These are likely to be the things going through his mind now. As well as mourning the love of his live, his partner in this world, he has no security whatsoever in the place he lives.

Now I'll leave the legal stuff to these guys, who know a helluva lot more than I do, but please don't jump to the 'greedy !!!!!!' conclusion. Give him some respect so that he can give it back to you.

JimmyJack

Thanks again for your advice.

My mum had his name on the life insurance so thats why he has it. I dont think for one minute she thought she was gonna die this young though. Anyway..

We actually offered my mums partner half of the house and he can live in it until the day he dies. And on the house deeds it will have 50% for him and 25% for me and my sister. Then the insurance payout pays for mortgage off.

Thing is the house is worth £250k and the mortgage is only £85k. He would really be increasing his wealth and getting a house to live in until the day he dies.
Very generous offer I know. His daughters are moaning saying he deserves 100%. Thing is when he dies his 50% stake will go to them, not us.

I know it sounds messy but at the time we were all quite emotional. Then he asks for 100% of everything, so we had 2nd thoughts.

I think we should just let him take his life insurance money and move on. I just dont want to go to court and face losing my family home.

967stuart

Hold on, Is that an opinion that he's not entitled to anything or a fact ?

Surly if OP's mother left him life insurance then they were in a serious relationship, would he not have contributed to the mortgage, bills, maintenance etc.
I think its slightly unfair to want to kick him out of a place he called home with your mother.

Sad situation really, highlights the need for a will when people aren't married and living together.

JimmyJack

Yes he did pay towards bills, which surely you would expect.
But one thing i missed out was my dad paid my mums partner £10k as a gesture of good will. Well he actually paid he £20k but my mum told him £10k..

I know its messy and wasnt until he said he wanted 100% of everything - so you can see why.

I know law states he is due zero inheritance. But do you think he could get anything other than the £100k life insurance if it went to court. £100k for 6/7 years living with someone is a decent pay out to me. I know I sound bitter but thats what hes does to this family.