Intestate and step children query?

rantingmum

Long story but will try and be brief.

Flo was widowed late 1970's and remarries in 1980's, Andy is also widower.
Both Flo and Andy have grown up adult children from previous relationships.

Andy then predeceased Flo several years ago.

To my knowledge there was no will, but I was not involved in dealing with Andy's estate. There may well have been one but Flo has never mentioned it.
Although I do know there was some fuss when some of Andy's shares were cashed to be shared amoungst his children, Flo said she would only sign if the money was shared with her children too. This was eventually agreed.
There was no property, just bank accounts not too sure of amounts tho.

Flo has not made a will, and is now deemed not capable. So will die intestate. Her money will go to her heirs correct?

And her former stepchildren have NO claim?
What if Fred made a will that stated on Flo's death a certain amount was to be given to his children? Is this even possible?
I know this might be more plausable if there was a property involved, Andy might have stated that Flo can live there until her death. But this does not apply. It will only be money in bank a/c's which is surely now all Flo's???

TonyMMM

Step children do not inherit under the intestacy rules , unless they have been formally adopted by the deceased parent.

You should check with the Probate Registry to see whether probate,if there was a will, or letters of administration if not, was obtained at the time of the first death. If shares were sold, you would expect that probate/admin would have been necessary.

jackyann

The children were all adult at the time of marriage, so in this case, couldn't have been adopted.
I don't quite understand "would only sign if the money was shared" (would Flo have just let the money go unclaimed maybe?)and think that as the other poster says, you should try to see what probate / papers were signed / admitted.
In our family, we have on occasion, had a beneficiary give money to someone else, simply knowing that it was the deceased wish.The issue here might be whether Flo's children are willing to do this (or even able, given it was all some time ago)
Yet another example of the need to make proper wills.

rantingmum

TonyMMM wrote: »

Step children do not inherit under the intestacy rules , unless they have been formally adopted by the deceased parent.

You should check with the Probate Registry to see whether probate,if there was a will, or letters of administration if not, was obtained at the time of the first death. If shares were sold, you would expect that probate/admin would have been necessary.

yes have got the forms ready to send off to Probate registry.

rantingmum

jackyann wrote: »

The children were all adult at the time of marriage, so in this case, couldn't have been adopted.
I don't quite understand "would only sign if the money was shared" (would Flo have just let the money go unclaimed maybe?)and think that as the other poster says, you should try to see what probate / papers were signed / admitted.
In our family, we have on occasion, had a beneficiary give money to someone else, simply knowing that it was the deceased wish.The issue here might be whether Flo's children are willing to do this (or even able, given it was all some time ago)
Yet another example of the need to make proper wills.

Yes all children were adult at time of marriage so no adoptions.

I'm not too sure on the ins and out of Flo signing the shares form. But I believe as surviving spouse the shares should've come to her, but for some reason were being given to Andy's children. As surviving spouse, Flo signature was needed to release the shares? She only agreed to give her signature on the condition that the shares money was shared with her children too.

Flo has no contact with her stepchildren, and wouldn't want to give them anything. It was more could they claim anything when Flo passes? esp if Andy had made a will, that Flo's family had no idea about.

All very complicated and Like you said a reason to make wills. Flo was told many many times to make one, but refused. By the time she agreeable, it was too late as she was classed as not mentally fit to make one.


I personally dont think Andy's children can claim anything, But things have been said and done, that makes me think they have an ace up their sleeve. And this was the only thing I could think of that might be that ace

daska

If Andy died intestate or his Will left everything to Flo then his children have no claim on her estate.

But it's possible that Andy wrote a Will leaving his estate in Trust for his children while giving Flo the use of it. In which case that might well be their ace.

And there is a possibility that the executors haven't applied for Probate, in which case the search won't turn up anything, a false negative as it were. If none of the institutions demanded to see the Grant before releasing funds etc then they may not have felt any need to apply.

Is there property involved? It might be worth checking the Land Registry to see whose name/s it's registered in etc.

rantingmum

no there is not a property, just cash ( bank accounts etc)

Could Andy have left his estate in trust for Flo even if it was all cash? As he had no idea how long she would outlive him and therefore could well have sent it. ( and judging by the way Flo is going she's going to be around a god few yrs yet)

Do you think it's worth sending the forms off to Probate or not?
Do they have apply within a certain time for probate? Is there a time limit? as Andy died 8 years ago.