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Intestate Question
greasy19
Posts: 11 Forumite
Hi all,
My Grandmother passed away several years ago now without a will. She had two children, my father who died before my Grandmother, and a daughter - my Aunt - who is the power of attorney and who intends to start probate.
If I understand correctly, she can only claim half of the remaining estate and as my Father died before my Grandmother, I should inherit that share without fear of my Aunt being able to claim it all, leaving me with nothing - is that correct?
This is based in England, thank you.
My Grandmother passed away several years ago now without a will. She had two children, my father who died before my Grandmother, and a daughter - my Aunt - who is the power of attorney and who intends to start probate.
If I understand correctly, she can only claim half of the remaining estate and as my Father died before my Grandmother, I should inherit that share without fear of my Aunt being able to claim it all, leaving me with nothing - is that correct?
This is based in England, thank you.
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Comments
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Hi all,
My Grandmother passed away several years ago now without a will. She had two children, my father who died before my Grandmother, and a daughter - my Aunt - who is the power of attorney and who intends to start probate.
If I understand correctly, she can only claim half of the remaining estate and as my Father died before my Grandmother, I should inherit that share without fear of my Aunt being able to claim it all, leaving me with nothing - is that correct?
This is based in England, thank you.
Yes, the estate should be divided between all the children, living or dead, with the childs descendants inheriting if the child predeceased the mother.
Out of curiosity, why is the estate only being dealt with now if the grandmother died several years ago ?0 -
The POA lapsed at the date of death and has no relevance. To find out who inherits use this site.Hi all,
My Grandmother passed away several years ago now without a will. She had two children, my father who died before my Grandmother, and a daughter - my Aunt - who is the power of attorney and who intends to start probate.
If I understand correctly, she can only claim half of the remaining estate and as my Father died before my Grandmother, I should inherit that share without fear of my Aunt being able to claim it all, leaving me with nothing - is that correct?
This is based in England, thank you.
https://www.gov.uk/inherits-someone-dies-without-will
Why has it taken so long to apply?0 -
Many thanks for the replies - To be perfectly honest I expected it be taken care of soley by my family members and quite franky a degree of ignorance on my part.
At this point, the paperwork all sits with her but I intend on starting proceedings myself by trying to get myself named as an Administrator.0 -
You might be better off cooperating with your aunt is she has the paperwork. Did you check the website to confirm you both inherit?Many thanks for the replies - To be perfectly honest I expected it be taken care of soley by my family members and quite franky a degree of ignorance on my part.
At this point, the paperwork all sits with her but I intend on starting proceedings myself by trying to get myself named as an Administrator.0 -
You need to also understand what your grandmother owned. If it's a regular family and she married and had two children, then her husband died, then she died, it's straight forward, probably, with the two children inheriting half each....
But, there might be some "oddities" in there if, say, her husband had other kids, or wrote something into his will about his half of the house. e.g. where somebody's been married before they might put "my half of the house, to my kids, with my wife being able to live there as long as she wants".
But, assuming yours is a "normal/regular" family with nothing weird going on .... then yes, even though your father's died, his estate still inherits whatever he was due if he'd been living .... and then what's in his will is followed.
If you were cut out of his will it wouldn't be yours, say.
It can get tricky if people've had unusual lives.
If yours is regular/normal then it's straight forward and half will be your dad's and then down to you.0 -
PasturesNew wrote: »But, assuming yours is a "normal/regular" family with nothing weird going on .... then yes, even though your father's died, his estate still inherits whatever he was due if he'd been living .... and then what's in his will is followed.
If you were cut out of his will it wouldn't be yours, say.
It can get tricky if people've had unusual lives.
Is that really correct? Predeceased fathers will overides rules of intenstacy? So if father dies, leaving everything to the cats home, then grandmother dies intestate some years later, his half would go to the cats home and not his kids as per intestacy rules?
"If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their place."
Brighty0 -
Of course it does not! You are correct.Is that really correct? Predeceased fathers will overides rules of intenstacy? So if father dies, leaving everything to the cats home, then grandmother dies intestate some years later, his half would go to the cats home and not his kids as per intestacy rules?
"If a son or daughter has already died, their children (the grandchildren of the deceased) inherit in their place."
Brighty0 -
Is that really correct? Predeceased fathers will overides rules of intenstacy?
So if father dies, leaving everything to the cats home, then grandmother dies intestate some years later, his half would go to the cats home and not his kids as per intestacy rules?
Yes. If his half of the house was left to the cat's home (or anyone else) with his wife having the right to live there until she died then his half of the house would not form part of her estate.
Her half would be distributed following the intestate rules; his half according to his will.0 -
Yes. If his half of the house was left to the cat's home (or anyone else) with his wife having the right to live there until she died then his half of the house would not form part of her estate.
Her half would be distributed following the intestate rules; his half according to his will.
This is not husband and wife, but mother and son, son dies first, leaving everything to whoever in his will, say cats home. When mother dies intestate, does sons share get given to his kids under intestate rules, or as per his will to the cats home? I'm 99.999% sure it's not the cats home
Brighty0 -
This is not husband and wife, but mother and son, son dies first, leaving everything to whoever in his will, say cats home. When mother dies intestate, does sons share get given to his kids under intestate rules, or as per his will to the cats home? I'm 99.999% sure it's not the cats home
What happens to Grandmother's estate can be affected by Grandfather's will - if he left one.
As the GM died intestate, the estate will be split between her surviving daughter and her deceased son's children.
Their son's estate is irrelevant to this situation. That should have been dealt with when he died (as should the GM's estate, not some years later!)0
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