A company is searching for my wife concerning the estate of her estranged father...

Concerned_Husband

When my wife was a small child her mother died and she was adopted by an aunt and uncle rather than being left with her abusive, alcoholic father.

My wife has heard (through a third party) that her biological father died last year and that there is a company looking for her because she is named in his will.

She has suffered years of mental health problems because of her biological father's abuse. She wants closure on his life and isn't expecting anything from his estate.

Is she protected from any debt he left behind if she allows herself to be contacted by this company? Are there any other potential pitfalls - financially, emotionally or otherwise?

Thanks for your help.

cte1111

If she was legally adopted by her aunt and uncle, then she will not be entitled to anything from her biological father's estate. I would suggest letting the company know, then they can search for other heirs.

RAS

Hi

This does rather depend.

If the estate is intestate and your wife was legally adopted (full court process) then she is not entitled to anything from the estate.

If however her father have left something to her despite her being adopted or the adoption was informal, then she may be eligible.

CH - are you in England, Wales, Scotland as the law is different.

The English bono vacantia listing of intestate estates https://www.gov.uk/unclaimed-estates-bona-vacantia.

wowimustlovehim

Cte1111, is correct in saying she cannot inherit as a child of the deceased, as an official adoption removes her right to inherit. However if she is a named heir in a will then I cannot see why she couldn't receive an inheritance.

I guess it depends if the people looking for her are seeking to find legal heirs for the deceased or are executes of a will made by the deceased?

As far I understand though, your wife cannot be forced to pay debts. If there are more debts than the value of the estate.

nom_de_plume

Do keep up people ;-)

there is a company looking for her because she is named in his will

PasturesNew

No debt will pass to her. Just any cash specified in the will if that cash exists still.

nom_de_plume

Concerned_Husband wrote: »

Are there any other potential pitfalls - financially, emotionally or otherwise?

Hopefully the mention in the will will be of a positive nature, whether that be in the form of cash, an explanation, an apology, etc. but it could equally be negative. It may well be worth your while initially getting your wife's written consent to contact the company and act on her behalf.

RAS

Concerned_Husband wrote: »

because she is named in his will.

In which case, check out the Probate Registry and obtain a copy of the to locate the executor or administrator?

If your wife wants what she has been left, then she can have it.

If she does not want it, then she can always donate it to charity. I used to sign over cheques my father sent to Womens' Aid or the NSPCC.

Concerned_Husband

Wonderful responses! Thanks guys! I am going through them with my wife right now.

X

Concerned_Husband

Oh - it should all be dealt with under English law. Thanks.

duchy

Good luck OP I hope it goes well for your wife.