Who's entitled to intestate inheritence

Madmelly

My mum has very recently died and I have just found out she had a bit of money in her estate. I had been looking after my mum for 2 years after her stroke and then she went to live in a care home. She was under adult social care after a period of time because it became clear she could not look after her finances, benefits etc so they became her appointee and started looking after her finances. I am her next of kin and have been for every form etc that she has ever filled out for the last 20 years or so. I was also her next of kin regarding the carehome she was in and i am classed as the next of kin regarding her adult social care appointee. Her Appointee told me that there was some money in her estate and that after I register her death I would get a green form for the funeral directors and to give them her contact details, this way she would see to it that the funeral was paid with my mum's money and the rest would be split between my brother and I. However, here's the crux. My father is still legally married to her on paper only as they have been estranged for around 25 years. His name had to go on the death certificate as her husband so I'm now thinking that as my mum was intestate, her inheritence will go to him??? If so, is there anything that could be done to stop this. We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???

Yorkshireman99

Madmelly wrote: »

My mum has very recently died and I have just found out she had a bit of money in her estate. I had been looking after my mum for 2 years after her stroke and then she went to live in a care home. She was under adult social care after a period of time because it became clear she could not look after her finances, benefits etc so they became her appointee and started looking after her finances. I am her next of kin and have been for every form etc that she has ever filled out for the last 20 years or so. I was also her next of kin regarding the carehome she was in and i am classed as the next of kin regarding her adult social care appointee. Her Appointee told me that there was some money in her estate and that after I register her death I would get a green form for the funeral directors and to give them her contact details, this way she would see to it that the funeral was paid with my mum's money and the rest would be split between my brother and I. However, here's the crux. My father is still legally married to her on paper only as they have been estranged for around 25 years. His name had to go on the death certificate as her husband so I'm now thinking that as my mum was intestate, her inheritence will go to him??? If so, is there anything that could be done to stop this. We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???

The intestate rules are here.

https://www.gov.uk/inherits-someone-dies-without-will

Your father is entitled to her estate assuming it is below £250K so you have no inheritance. If you all agree he can do a Deed of Variation but he has no obligation to do so. Someone has to apply for letters of administration.

jackieblack

Nothing to stop your father splitting anything he receives between you and your brother, if he feels that is 'the right thing' to do, but legally he inherits.
If that isn't what your mother wanted she should have made a will.

Sorry for your loss.

74jax

If your dad is elderly too and doesn't take the money, it might be worth checking out how this would affect him regarding any care, benefits he might need in the near future. Just check it doesn't fall under deprevision of assets. If you all get on, maybe a frank discussion about it.

SevenOfNine

A DoV, as YM99 has suggested would be the best course of action if you have a good relationship with your father & he doesn't want the money, (or feel it's 'right' to keep it). You should budget about £500 for the cost of that (speaking from personal experience) & it must be done within 2 years from DoD.

Father could, of course, just split the money between you (& sibling) & gift it to you if he chooses.

Either way, his own current finances should he be on (or need) benefits, or care facilities in the future & expect the local authority to pay, dies within 7 years of gifting etc, should be taken into consideration before he disposes of this inheritance. Afraid there are circumstances where it's not that simple to say "I don't want it, you can have it"!

Deprivation of assets doesn't come into play if he's comfortably off eg owns his home, savings in bank, no indication of needed local authority care or benefit claims, that type of thing.

Perhaps a chat to father about how he feels is in order first.

My condolences.

Madmelly

Hmm, My father is 68 and rents his flat from the council, he is in receipt of housing benefit and council tax benefit as far as I am aware. I think he also has a pension. So if I'm getting this right, if he inherits, it's going to stop his benefits??

Yorkshireman99

Madmelly wrote: »

Hmm, My father is 68 and rents his flat from the council, he is in receipt of housing benefit and council tax benefit as far as I am aware. I think he also has a pension. So if I'm getting this right, if he inherits, it's going to stop his benefits??

It depends on how much he already has in the bank afterwards. He should report the inheritance to the DWP as soon as he knows if it will affect his benefit. This applies even he he has not actually received the money yet. Giving it away will be regarded as deprivation of assets.

Tom99

Madmelly wrote: »

Hmm, My father is 68 and rents his flat from the council, he is in receipt of housing benefit and council tax benefit as far as I am aware. I think he also has a pension. So if I'm getting this right, if he inherits, it's going to stop his benefits??

[FONT=Verdana, sans-serif]I think that will apply whether or not he gives you the inheritance via a DOV.[/FONT]
[FONT=Verdana, sans-serif]If he accepted the inheritance and then gifted it to you with no DOV, he would be able to inherit your mother's nil rate band for inheritance tax purposes but it sounds as if that is unlikely to be of any benefit.[/FONT]
[FONT=Verdana, sans-serif]The other alternative is for your father to disclaim the inheritance, ie refuse to accept it, in which case it will go to you.[/FONT]

marliepanda

Tom99 wrote: »

[FONT=Verdana, sans-serif]I think that will apply whether or not he gives you the inheritance via a DOV.[/FONT]
[FONT=Verdana, sans-serif]If he accepted the inheritance and then gifted it to you with no DOV, he would be able to inherit your mother's nil rate band for inheritance tax purposes but it sounds as if that is unlikely to be of any benefit.[/FONT]
[FONT=Verdana, sans-serif]The other alternative is for your father to disclaim the inheritance, ie refuse to accept it, in which case it will go to you.[/FONT]

And lose his housing benefit? His council tax benefit?

Because that will result in that. He clearly has under 10k if he’s pension age and getting these benefits. H can’t deprive himself of money

Yorkshireman99

Tom99 wrote: »

[FONT=Verdana, sans-serif]I think that will apply whether or not he gives you the inheritance via a DOV.[/FONT]
[FONT=Verdana, sans-serif]If he accepted the inheritance and then gifted it to you with no DOV, he would be able to inherit your mother's nil rate band for inheritance tax purposes but it sounds as if that is unlikely to be of any benefit.[/FONT]
[FONT=Verdana, sans-serif]The other alternative is for your father to disclaim the inheritance, ie refuse to accept it, in which case it will go to you.[/FONT]

As far as benefits are concerned refusing it will make no difference to the eligibility. It will still be treated as deprivation of assets.

dresdendave

Madmelly wrote: »

We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???

Unfortunately from a legal perspective, it is you trying to get in the way of your father's inheritance.


Hope you manage to sort something out but vital he checks out the implications for his own situation before declining/gifting it.