Help with intestate & probate dispute

Disgruntled_traveller

In June 2008, my wife of 30 years inherited her mothers property. My wife was an only child and her mother had a very clear will giving the property to my wife. We renovated my mother in law's property together and rented it out.
My wife unexpectantly passed away just shy of my mother in law's 5th year anniversary in May 2013. My wife and I was enjoying lift together, living together etc. We both unfortunately did not create a will and so my wife died in testate. To make the situation worse, my wife did not transfer her mothers property into her name. My wife left no other assets e.g. money or shares.
Last year had my mother in law's property transferred into my name using a solicitor etc. I now have deeds in my name.
This is where I need help. I have received a letter from a solicitor representing my son (I have two children) suggesting that he is entitled to a large proportion of my mother in law's property. Also suggesting her should be entitled to a proportion of the rental income which I continued to receive since my wife passed away.
I would be grateful for any help or advice you can give.

poppystar

Do you have a valuation for the house at the date of your wife's death? Did she also part own your own home? What happens with intestacy does depend on the estate's total value.
It sounds like your son's solicitor feels it was valuable.
Did you get probate/complete the HMRC forms/ for your wife's estate?

Tigsteroonie

OP - England & Wales, or Scotland? (different intestacy law)

Disgruntled_traveller

Hi Poppy, thanks for your reply.
My wife's death was in May 2013.
The value of the property was approx £400k.

Disgruntled_traveller

This was in England!!

Marktheshark

Disgruntled_traveller wrote: »

Hi Poppy, thanks for your reply.
My wife's death was in May 2013.
The value of the property was approx £400k.

Call a wills and probate solicitor first thing in the morning, you are going to need very good paid for legal advice.

Tigsteroonie

Presuming that when you say "my children" you are meaning "our children", i.e. they were also your wife's children ... a quick run through the gov.uk intestacy calculator suggests both your children should have received something:

The husband, wife or civil partner keeps all the assets (including property) up to £250,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:

the husband, wife or civil partner gets an absolute interest in half of the remainder

the other half is then divided equally between the surviving children

As already mentioned - get yourself a solicitor

Disgruntled_traveller

You are correct, I meant our children.
I conducted the same calculations but read it as, all assets including property the husband keeps, plus up to £250.........

Tigsteroonie

Disgruntled_traveller wrote: »

You are correct, I meant our children.
I conducted the same calculations but read it as, all assets including property the husband keeps, plus up to £250.........

CAB's website has it much clearer with a relevant example: https://www.citizensadvice.org.uk/relationships/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Disgruntled_traveller

Very useful link, that does suggest they would be entitled to a percentage over the £250k.

Disgruntled_traveller

I did look at the CAB website but couldn't work out if we would be considered as joint owners as she did not transfer it into our names.