Death of beneficiary during probate

rdf25087

Hi all -

My father died earlier this year and named my stepmother (the evil kind, obviously) and myself as Executors.

Looking at the will, it states that if he dies before his wife all of his property and assets go to her to do with as she wishes.

Then, it states that if she was to predecease him, I would get 50% of his estate and 50% to his grandchildren.

As it stands then, she will get everything and she has already told me that when she dies everything is going to another beneficiary and I and the grandchildren will get nothing.

However, the probate process hasn’t started yet and she is very ill and unlikely to last long. What happens to my father’s estate if she dies before probate is complete?

From a mercenary perspective, am I and the grandchildren entitled to anything?

Thanks for your help.
RDF

Flugelhorn

I am sorry to hear that you have lost your father

the estate and how it is divided up is decided at the time of the person's death ie when father died , not when the probate starts - (sometimes people put a "must survive me 28 days " clause in case they die more or less together and it causes less problem for the estates that way ) 
So unfortunately SM is already the beneficiary and even if she dies before probate starts then father's estate is still hers 

rdf25087

Thank you for the quick response.

Unfortunately, that’s what I presumed. I wish he’d tied his will up a little better - he always told me that when he died the grandchildren and I would be okay. Guess not.

Hey, maybe if they made their wills together they put some provision in her will for the grandchildren? I think I just heard Hell freezing over!

Thanks again
RDF

naedanger

rdf25087 said:

Hi all -

My father died earlier this year and named my stepmother (the evil kind, obviously) and myself as Executors.

Looking at the will, it states that if he dies before his wife all of his property and assets go to her to do with as she wishes.

Then, it states that if she was to predecease him, I would get 50% of his estate and 50% to his grandchildren.

As it stands then, she will get everything and she has already told me that when she dies everything is going to another beneficiary and I and the grandchildren will get nothing.

However, the probate process hasn’t started yet and she is very ill and unlikely to last long. What happens to my father’s estate if she dies before probate is complete?

From a mercenary perspective, am I and the grandchildren entitled to anything?

Thanks for your help.
RDF

No. Your stepmother's inheritance from your late father would become an asset of her estate and go to the beneficiaries of her estate. It is quite a common situation.

If your father lived in Scotland you would have legal rights to a share of your late father's moveable estate, i.e. his estate excluding land and buildings (regardless of whether or not your stepmother survives probate).

From a mercenary point of view, you don't need to take on the executor's role if you don't wish to.

rdf25087

Thank you for the response.

RDF.

Keep_pedalling

• In your situation I would  walk away and renounce your executor role. Your father did not seem to think his will through very well, cutting his direct descendants out and then expecting you to act as executor seems a bit heartless. Let those benefiting from this situation do the work.

Flugelhorn

It might be worth waiting to see what her will says, it may be relatively old unless you know she has changed it more recently - people sometimes say things like "you won't get anything" but actually never quite get round to doing anything about it and actually there can be something in it for others

If when you do get to see it then and it is unfavourable to you then I agree with @Keep_pedalling - walk away from your father's executorship and let her beneficiary get on with it - may feel wrong but actually your father let you down and you should have to do all the work for no benefit 

Marcon

Flugelhorn said:

Iactually your father let you down and you should have to do all the work for no benefit 

...or just as likely OP's stepmother let the side down, having been trusted by her late husband to 'do the right thing'. 

rdf25087

Thanks for all the advice, folks. I think I’m going to have to swallow my pride and play nice...just in case. Damn, it’ll hurt!