FIL died. Remarried. What to do??

Kieran1970

Hi,
My father in law (in his 90's) has recently passed away and had remarried a few years ago. HE WAS VERY SECRETIVE ABOUT MONEY. Not that I am a money grabber or anything but I don't want to see my husband and his sister taken for a ride. They are very trusting and quiet so won't create a fuss. His new wife was very secretive about him being ill and wouldn't tell DH and his sister what was happening (he was diagnosed with terminal cancer last summer). The nurse on the ward used to keep them informed and told DH and his sister that they had been told not to say anything to them by her. She also didn't tell them when the funeral was and they weren't allowed to play any part in the organisation of the funeral. Even the funeral director was unaware he had children to another marriage. She has 2 grown up kids herself and was a widow. BTW they were very close to their father.

Anyway, FIL said that he had left instructions to split any money 3 ways and the house was to be given to DH and his sister, in trust, BUT he wanted his new wife to live there until whenever she left (passed or whatever). They have never seen a copy of his will. His executor is some woman related to a life assurance thing. Why he didn't ask one of his children I'll never know. He as always very secretive about money but the house was passed to him from his father. If this is the case, what happens about maintenance of the house etc.?

We have not heard anything from the executor at all! I smell something fishy going on. He also had £100k in a bank account from the sale of some land. I do believe this is in a joint account but, as she is next of kin, she will have complete access to that. She is a very domineering woman if you catch my drift. She didn't get upset when he died and didn't even go to see him when they said he was dying or afterwards.

The house was lived in by my FIL and my DH's late mother. They were very happily married for 60 years until her death in 2002. They had sold their house and moved in when his father died.

I know this makes me sound like a money grabber (I'm not) but DH and his sister are so trusting and gullible I don't want them to be messed about. It could end up being passed to her grown up children. They have never paid anything into the house etc.

What should be done? She is not telling them anything. I thought the executor has a legal obligation to notify all beneficiaries.

elsien

Any money that was in a joint account is now hers. Nothing to do with being next of kin and everything to do with being the person named on the account.
You say she is not telling them anything, then you say the executor is some unnamed insurance person, then you say they've not seen any will.

For the sake of clarity, do you know if there actually is a will and if you've not seen it and the wife isn't telling you anything, how do you know who the executors are? If there wasn't a will then the intestacy rules will be followed. Who paid for the house is irrelevant. What happened when his first wife died - did she own any part of the house and if so what happened to her share?

Marcon

If your FIL has only died recently, you wouldn't expect to hear from the executor for some months yet - and possibly never. People often say they are going to leave their estate in a particular way and then do something else entirely. That is normally their right, so if the estate has been left to the widow, she is fully entitled to leave it to her children.

House maintenance etc is the executor's problem. Their role is to carry out the instructions of the testator, so not sure what you mean by 'messing your husband and his sister about'. What makes you think there is something 'fishy' going on?

What's to be done? Nothing unless your husband hears from the executor.

Tom99

[FONT=Verdana, sans-serif]Why not contact the executor and ask if you can see a copy of the will.[/FONT]
[FONT=Verdana, sans-serif]They don't have to comply but since they are a stranger to you and it does not sound as if you will have any sort of future relationship with the new wife, there is no harm in asking.[/FONT]
[FONT=Verdana, sans-serif]In any event keep a lookout for any grant of probate, which will eventually give you a copy of the will if probate is needed.[/FONT]

74jax

Kieran1970 wrote: »

HE WAS VERY SECRETIVE ABOUT MONEY.
being secretive could just be he didn't want to talk about it as it was no one's business

The nurse on the ward used to keep them informed and told DH and his sister that they had been told not to say anything to them by her.
this isnt really the way I would expect a nurse to act, if they had been told not to give out information I would hope they would follow that request

Anyway, FIL said that he had left instructions to split any money 3 ways and the house was to be given to DH and his sister, in trust, BUT he wanted his new wife to live there until whenever she left (passed or whatever).
or whatever, is very vague. If he just said this then it means nothing. It needs to be in his will.

They have never seen a copy of his will. His executor is some woman related to a life assurance thing. Why he didn't ask one of his children I'll never know.
is not for you to know? He didn't want his children to be executors.

We have not heard anything from the executor at all! I smell something fishy going on.
why?

He also had £100k in a bank account from the sale of some land. I do believe this is in a joint account but, as she is next of kin, she will have complete access to that.
I don't understand this part, why does her being next of min have anything to do with her accessing the account? If it was joint it goes straight to whoever else was named. Do you mean she was the other named account holder?

She is a very domineering woman if you catch my drift. She didn't get upset when he died and didn't even go to see him when they said he was dying or afterwards.
no I don't, nothing you have is domineering to me.

I know this makes me sound like a money grabber (I'm not) but DH and his sister are so trusting and gullible I don't want them to be messed about. It could end up being passed to her grown up children. They have never paid anything into the house etc.
that is totally how it reads
.

Contact the executor and see where they are in the process, if they will tell you. Leave your details if they need them..

obtain a copy of the will.

Go from there.

Brynsam

74jax wrote: »

Contact the executor, obtain a copy of the will. Go from there.

A will is a private document unless and until a grant of probate is issued, so don't be surprised if the executor declines.

perfect10

I am so sorry for your loss x
Being an executor can be stressful and upsetting, I can understand why he did not want to place this on his children.
If he was the sole owner of the house then it would probably have to go to Probate and so hopefully you should be able to see a copy of his will?

74jax

Brynsam wrote: »

A will is a private document unless and until a grant of probate is issued, so don't be surprised if the executor declines.

Sorry, my error, I meant 3 seperate things to do. I didn't mean contact the executor for the will. I've corrected it - didn't reread it back......

Dox

Kieran1970 wrote: »

Hi,

What should be done? She is not telling them anything. I thought the executor has a legal obligation to notify all beneficiaries.

Nothing to be done. They aren't beneficiaries until probate has been granted - and whether they will be beneficiaries then depends on what the will says, not comments made by your FIL before he died.

If as you suggest there is a professional executor in place, nobody will be 'taken for a ride' or 'messed about' (where do you get these ideas?) - she will have to administer the estate exactly in accordance with the will.

How recently did he die?