Am I entitled to this inheritance?

Grumpy_chap

Hello James,

Sorry to hear about your loss.

I understand that this seems strange what the solicitor said, but they are not in the habit of making flippant remarks, especially at basic level things so I think you have to assume the solicitor is likely correct. 

Does the fact there is a solicitor involved mean that your mother’s estate is substantial?

Your step-father passed away a few years back and without a will.  His estate really ceased to exist shortly after that and should have been resolved at that time.  Assume that it was properly resolved and all passed to your mother.  Under intestacy, that will happen if your step-father’s estate was small – you say he had assets of £28k and that counts as “small” under the rules.  So, it seems everything correctly passed to your mother and your step-father’s estate ceased to exist.  There is now only your mother’s estate to deal with.

Your mother’s will left everything to you.  That means everything your mother owned.  This includes what remains from the assets (£28k) she had inherited from your step-father.

The immediate complication is that you are not sure that your step-father’s estate was ever properly closed.  It is prudent to do this and seek probate on his estate if not previously granted.

You will then need probate on your mother’s estate and can distribute everything in accordance with her final wishes, i.e. to yourself.

It seems as though the solicitor is correct.

 

The complications to consider are that your mother only made her will recently, yet you say she did not properly deal with her husband’s (your step-father’s) estate a few years back because she had dementia.  Depending on how severe that dementia was could leave the will open to challenge as your mother had to be in sound mind to make her will.  To a certain extent, you can ignore this as it is the responsibility of the solicitor preparing the will to satisfy themselves that your mother was fit to make the will at the time she did so.

Are you your mother’s only child?  If so, leaving everything to you seems to be along the lines of what may be expected.  If not, your siblings may challenge the will.

 

The other complication is that you feel, or are concerned that, the legacy from your step-father’s estate should go all or in part to his children.  That is an entirely understandable position.  Do your step-father’s children know that he passed away a few years back and have they indicated a claim on his estate up until now?  They may have known it was a small residual estate and not be unduly concerned.

 

Also, why did the step-father have only a small estate?  Had everything gone to his ex-wife, and then passes to the children via her will?  Had he already given pretty much everything to his other children a number of years (hopefully 7 or more) prior to his death?

 

There is, of course, nothing to stop you paying a proportion (or all) of the £28k that is attributable to your step-father to his biological children if that is what you feel is the right thing to do.

mobileron

Why are you paying the solicitor who knows what he is talking about,then wanting answers from a load of strangers.

Dox

mobileron said:

Why are you paying the solicitor who knows what he is talking about,then wanting answers from a load of strangers.

A second opinion based on a couple of paragraphs...great idea (not).