Stop step grandchildren inheriting

2stixoftwix

hi
my mum has two children - me and my brother.
I am married with one child
my brother is married with no children and will never have any

The woman my brother is married to has two grown children from previous relationships.

My mum is leaving myself and my brother 50% each of her estate.

If I die my inheritance money will go to my husband then daughter - blood line

If my brother dies the inheritance money will go to his wife then on her death to her children - no blood line

How can my mother prevent half of her estate eventually ending up in the hands of her step grandchildren who she has never met.

Is there a way?

Thanks

Fosterdog

There is a way, she leaves 100% to you and cuts your brother out.

Once the inheritance is his, it is his to do what he wishes with, if he wants to leave it all to his wife and her children he can, he could also leave the lot to a cat rescue if he so wished or he could gamble the lot in a trip to Vegas and lose every penny.

2stixoftwix

Leaving it to me isn't an option - thats unfair
I would be happy for him to a) leave it to a cats home, b) blow it in vegas

Surely it's wrong for step grandchildren to inherit if my mother doesn't want them to

Spendless

Do you mean your Mother is making a will and deciding what happens should you or your brother die before her?

The way my Grandmother made her will was 50% was left to my Mum and 25% each to me and my sister. If Mum died before Gran than me and sis inherited 50% each (missing out our Dad). If Me or Sister died before Gran our share went to our children (2 kids each) missing out our husbands. This followed the blood line all the way down.

If this isn't what you mean, then your brother may well have spent any inheritance from your Mum long before he dies himself.

BTW it has become totally irrelevant what my Gran wrote in a will as she's still alive aged 92 and in a Nursing Home as she has dementia. Her property is in the process of being sold to pay the care home fees.

cte1111

Your Mum could leave half her estate in a trust to your children (or whoever else she would want to inherit after your brother), but your brother having a life interest in it. That would mean that your brother could spend income generated from the trust but not spend the capital. This would revert to your children ultimately, if they survived their Uncle.

Trusts cost money to draw up and administer, only your Mum would know if it is worth the hassle.

Spendless

2stixoftwix wrote: »

If I die my inheritance money will go to my husband then daughter - blood line

Your husband isn't your blood line either. You could die, he re-marry and then die and his new wife could inherit.

theoretica

Is this your mother's wish, or yours?

Is your brother on board with this or not? If your brother supports this, the easy way is for your mother to ask him to make a will leaving the money away from the step grandchildren. If your brother doesn't support this she could write her will leaving most of her estate to her granddaughter rather than you and your brother.

McKneff

Once your mother dies and leaves half to her son, that is it. It is not her money any more. It belongs to your bother to do with however he wishes.

Has your mother asked you to find out this information or are you just making sure that her money goes to blood line.....

There are so many scenarios, you could inherit, you might die, your husband remarries. He has 3 chilrren with new wife who already has 3 by a previous marriage...... Your children could die (god forbid) or just one and they marry a man with previous.

So many diferent scenarios

He may well blow the moeny in Vegas but it isnt for you to be organising..

Its coming over that you arent a big fan of his wife to be honest.

Have you spoken to your bother about this ...

nom_de_plume

2stixoftwix wrote: »

...........Is there a way?

There is and it involves firstly planning for various scenarios and then having a solicitor write the will in such a way as to cover all the possibilities.

An example could be to leave her estate to be shared equally to her 2 children.

Then, if her son should predecease her to leave her estate perhaps 50% to you and 50% to son's step-children or 75% / 25% or even 100% to you and nil to them obviously dependent upon her wishes or an other distribution she so chooses including to an other persons she may wish.

The important thing is choosing a suitably qualified solicitor to write the will to ensure it's watertight.

2stixoftwix

Thanks, no it's my mother who is asking not me.
My mother is 75 and is sat on loads of money which she refuses to spend, she has 3 pensions, which she can't spend the capital from each month.
I keep telling her to give it away, spend it and enjoy it before the care system gets it but she likes having it in the bank.

I like my sister in law and don't have a problem with her at all, it seems unfair though that her children should benefit from my dads money when my mum and her step grandchildren have never met (the step grandchildren are in their mid 20's and have children of their own)

Spendless

2stixoftwix wrote: »

I like my sister in law and don't have a problem with her at all, it seems unfair though that her children should benefit from my dads money when my mum and her step grandchildren have never met (the step grandchildren are in their mid 20's and have children of their own)

But it won't be your parent's money at that point, it will be your brothers, it might have been spent many years before your brother dies or he might outlive all his step-children.