Estate asset ?

suttree63

Situation: Step dad passed away. My mother survives him as do his three children and myself and my brother. Step dads Will states that his estate be divided equally into four shares, i.e. His wife (my mother), and his three children. ...and everyone seemed happy with that.
BUT, eight months down the line since his passing one of his children has sought legal advice about the following matter ...
My mother has her own house which she has rented out since marrying step dad 15 years ago. That house was solely in mothers name and owned outright. She obviously moved into his house as their marital home.The rental income went into mother's pocket and was not shared with her husband. So do his children (we're all in our 40's by the way) have any claim to this rental income acquired by my mother over the course of their marriage or is this money solely and lawfully my mothers?

nom_de_plume

Pretty unlikely. Even if ALL the rental income still existed in a joint account (I assume they were married), it would automatically pass direct to mum outside the estate.

Savvy_Sue

Whatever makes your stepbrother think that he'd have any claim to money which was never his father's?

He's lucky your stepfather didn't either fail to make a will (in which case YOUR mother would have got the lot, in all probability) or make a will entirely in YOUR mother's favour.

How long ago did he seek this advice?

G6JNS

suttree63 wrote: »

Situation: Step dad passed away. My mother survives him as do his three children and myself and my brother. Step dads Will states that his estate be divided equally into four shares, i.e. His wife (my mother), and his three children. ...and everyone seemed happy with that.
BUT, eight months down the line since his passing one of his children has sought legal advice about the following matter ...
My mother has her own house which she has rented out since marrying step dad 15 years ago. That house was solely in mothers name and owned outright. She obviously moved into his house as their marital home.The rental income went into mother's pocket and was not shared with her husband. So do his children (we're all in our 40's by the way) have any claim to this rental income acquired by my mother over the course of their marriage or is this money solely and lawfully my mothers?

This is a try on. Unless the child was financially dependent on the stepfather then they have little or no chance. Has probate been granted and has the estate been distributed?

BobQ

I agree it is a try on. If the money has been spent by your mother, how does your stepbrother know it was not spent on things that benefited his father?!

Seeking legal advice on something is not the same as getting legal advice you have a good claim.

Any joint assets and any assets owned by your mother have nothing to do with your step Dad's estate and it is difficult to see how any beneficiary could claim otherwise.

Who is the executor? Has the executor been trying to inquire into your mother's financial affairs?

suttree63

Many thanks for reading and responding. There seems to be a consensus here that there can be no rightful claim to the rental income and that is reassuring. Fortunately it is not the executor 'digging' here ... and in the last few days the two executors (two of my step dad's children) have firmly quashed the idea that this could happen. I think it originated from a disgruntled 'peripheral' relative of my step dad who was left out of the Will ! ... hopefully alls well that ends well... still waters have returned.