Am I entitled to money from a house sale???

Kynthia

Does he want her to have a share of his property? He might be happy for it to go to his children, especially as she hasn't paid towards the mortgage. She would then need to sue for a share, before his death, or try to claim against his estate after and neither are guaranteed to be successful.

Cautious_Optimist

If he doesn't make a will, all his property will probably be divided equally between all his children (including any illegitimate children).

If your MIL wishes to claim, I would predict a large amount of the money going to the lawyers...

bris

Your title is a bit misleading, you ask Am I entitled to money but then go on to ask about the MIL rights. Sounds like your trying to find out about your own inheritance rights tbh.


Your way down the list, slim to no chance without a will to recognise you.

AMILLIONDOLLARS

As his next of kin, his children would be automatically entitled to the house. You would have to sue them as a dependent, have you got the money to do this? Time to look to your future and plan for it, a frank discussion with your partner now will certainly lessen the heartache later.

All the best

AMD

martindow

Is he hesitating to make a will because he wants to be sure his money ends up with his children?

He could make a will so that if he dies first you would have the right to live in the house until your death when the children could sell it to get their shares.

AlexMac

Everyone is being very gentle with you- sorry I mean your MIL!

Her other half seems to have all the power in this relationship; should he die, she could find herself out on her ear and on the losing end of an eviction order from his children who will by then, own 'her' home.

Assuming he loves your MIL, he is being incredibly selfish or short-sighted or both. Or ignorant (or in denial) of the position she'd be in if he should die before her (which is statistically likely, even if she is the same age as him). Additionally, he has done rather well out of the deal by having had someone to share his bills, housework and presumably bed for all these years.

In a similar position - after 15 years of co-habitation - we got married well into our 50's as the simplest way to protect each other in terms of property, finance and widow(er)'s pensions. Otherwise we'd have had to write more complicated wills.

We also did later make wills- and the solicitor's comment was interesting; she said that in the event of a death, or even separation, its often not the kids who start getting selfish- but their spouses!

Having said that, there is only so much you can say or do as its her life (and no-one ever welcomes unsolicited lifestyle advice!). Do your best, via your partner, to give her sympathetic advice- including the fact that wills can be done very cheaply- maybe she should start by offering to do her own? But tactful and gentle influencing are probably better than going in as bluntly as my opening sentences imply.

And at the end of the day- it's her life... Good luck

James_B.

AlexMac wrote: »

Assuming he loves your MIL, he is being incredibly selfish or short-sighted or both.

What a weird view. For all we know she's being living in a house for many years paying only a share of the ongoing bills, but nothing towards the mortgage or upkeep. Why, then, after being looked after for so long, would she also get then to keep the house itself?