do i need to investigate further? Farthers death 2 years ago

sneekymum

I'm wondering if dad decided not to make a will. I can imagine a scenario where he would be pressured to leave it to his stepson. It might have been a final act of defiance against the wife. He might have intended that you inherit the house by dying intestate.

cypher007

sneekymum wrote: »

I'm wondering if dad decided not to make a will. I can imagine a scenario where he would be pressured to leave it to his stepson. It might have been a final act of defiance against the wife. He might have intended that you inherit the house by dying intestate.

this is what my mum believes.


just a quick question about inheritance tax:


the house is maybe worth £200k don't know if there are any other assets.


if there was a will leaving it to the stepson, would he have to pay inheritance tax?

cte1111

cypher007 wrote: »

this is what my mum believes.


just a quick question about inheritance tax:


the house is maybe worth £200k don't know if there are any other assets.


if there was a will leaving it to the stepson, would he have to pay inheritance tax?

The IHT limit is 2012 was £325k, so it's unlikely.

BobQ

g6jns wrote: »

Unless, and until, you get some solid facts it is very difficult for anyone to give valid advice. You really need to think carefully about the various questions and decide how, or even if, you are going to do this. Without a carefully thought out plan based on hard facts rather than guesswork you are, to be quite candid, wasting your time.

OP this is what several of us have said and it is sensible advice. Speculation can only go so far!

Go and see the stepson, or get someone else to do it for you. Explain that you know your father still owns the house and that probate has not been applied for after 3 years. Ask if he left a Will and explain that unless you have evidence he did you will be applying for Letters of Administration.

Alternatively write to him saying the same thing and explain that unless he contacts you within 14 days you will apply for Letters of Administration.

You have nothing to lose. If there is a Will it seems unlikely the step son would have done nothing unless it was to his disadvantage or he could not contact you.

cypher007 wrote: »

just a quick question about inheritance tax:

the house is maybe worth £200k don't know if there are any other assets.

Seems unlikely that there is IHT to pay but does it really matter? It is either due or not. IF there are assets they should still be there. If they have been spent it is theft/fraud.

if there was a will leaving it to the stepson, would he have to pay inheritance tax?

If the total estate was over £325K yes IHT is due. It is the estate that has to pay it. It would only be his problem if he was the executor, in which case he has probably broken the law by not submitting the IHT form (I think you have 12 months). But if it needs paying then it must be paid whoever deals with the estate.

getmore4less

https://www.gov.uk/government/organisations/bona-vacantia

check the list

getmore4less

I would tread carefully, there is good chance this situation has not come about by chance.

There are usually other things that need handling other than property to keep thing quiet, HMRC, DWP, accounts, debts....

I would be wanting more info before approaching the stepson.

BobQ

getmore4less wrote: »

I would tread carefully, there is good chance this situation has not come about by chance.

There are usually other things that need handling other than property to keep thing quiet, HMRC, DWP, accounts, debts....

I would be wanting more info before approaching the stepson.

I agree with your first sentence but I do not think it makes sense for the OP to spend a lot of time speculating or investigating about what could have happened.

If the step son has done nothing wrong (say he could not locate the OP) then he has nothing to hide. If he acted illegally he may, confess, be evasive, abusive etc but nothing is lost.

Personally, I would just apply for LoA and see what happens. The OP seems to be concerned about wasting his money. If he wants to save wasting money then asking is a possible way of finding out.

cypher007

just a quick update:


LOA still going through.
sent letter to step brother about 2 weeks ago, no reply.
sent letter signed for a week ago, card left didn't pick up.
asked post office to redeliver today, addressee refused to sign for it.


could it be he has a will and is just being arrogant in not talking to me? or is this stick your head in the sand mode?

g6jns_2

cypher007 wrote: »

just a quick update:


LOA still going through.
sent letter to step brother about 2 weeks ago, no reply.
sent letter signed for a week ago, card left didn't pick up.
asked post office to redeliver today, addressee refused to sign for it.


could it be he has a will and is just being arrogant in not talking to me? or is this stick your head in the sand mode?

It is just more speculation! Nobody on here can tell you!

DigForVictory

getmore4less wrote: »

I would tread carefully, there is good chance this situation has not come about by chance.

+1 for the do not do this yourself advice. If you and your mum have a share or the whole of a house, there's plenty of reasons for stepfamily to want to hang onto it. Keep as neutral in this as you can whilst getting a solicitor into play.