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step son refuses to be next of kin .

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13

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  • alfmurph
    alfmurph Posts: 223 Forumite
    Seventh Anniversary 100 Posts
    The water bill was for his rented house in england ..
    Gran did stay in scotland in her owned house .
    1 bedroom apartment .
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is very unlikely that gran's will will manage to state what happens to the share of her estate inherited by her son now that he is dead.  It seems that your step son will simply inherit his third and that is probably the end of the matter as far as he is concerned.
    If he is as bad as you portray, I wonder if it would help your step son to consider how likely it is that he abused his ex-wife, financially or otherwise, and see any inheritance she gets in that context.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • alfmurph
    alfmurph Posts: 223 Forumite
    Seventh Anniversary 100 Posts
    Just received copy of grans will .
    I bequeath one third of my estate to my son as an individual [ the deceased ] whom failing to my grandson [ stepson ] .
    one third to my other son .
    and one third to my grandson .
    My executors have the fullest powers .as if they were owners .
    My son as an individual - does that mean the forgotten wife has no claim .
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    alfmurph said:
    Just received copy of grans will .
    I bequeath one third of my estate to my son as an individual [ the deceased ] whom failing to my grandson [ stepson ] .
    one third to my other son .
    and one third to my grandson .
    My executors have the fullest powers .as if they were owners .
    My son as an individual - does that mean the forgotten wife has no claim .
    As gran died first son inherits - so forgotten wife inherits from him (assuming he didn't have a will) and she doesn't have - or need - any claim on gran's will.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • RAS
    RAS Posts: 35,483 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 June 2022 at 8:54PM
    alfmurph said:
    Just received copy of grans will .
    I bequeath one third of my estate to my son as an individual [ the deceased ] whom failing to my grandson [ stepson ] .
    one third to my other son .
    and one third to my grandson .
    My executors have the fullest powers .as if they were owners .
    My son as an individual - does that mean the forgotten wife has no claim .
    As gran died first, (deceased) son inherits - so forgotten wife inherits from him (assuming he didn't have a will) and she doesn't have - or need - any claim on gran's will.
    Unless the deceased son has a will leaving everything to the grandson, the separated wife inherits up to the intestacy limit. Doesn't sound like there will be a lot left after funeral and debts are paid anyway.
    If you've have not made a mistake, you've made nothing
  • alfmurph
    alfmurph Posts: 223 Forumite
    Seventh Anniversary 100 Posts
    No chance the deceased will have made a will .
    He could not write his own name or string a sentence together at his mum's funeral .
    Drink has affected his brain over the long term .
  • alfmurph
    alfmurph Posts: 223 Forumite
    Seventh Anniversary 100 Posts
    Latest on this mess . Teresa the estranged wife has finally turned up and went after her share of the money . Fair enough but she has applied for probate so nothing is happening now .
    Turns out the lawyers who are handling things as an executor are a couple . One is retired and the other works one day and week and is not taking on any new business .
    Lawyer has my stepsons share and the other brothers share in an account but will not pay them out for some reason .
    Any advice appreciated .
  • Marcon
    Marcon Posts: 14,322 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    alfmurph said:
    Latest on this mess . Teresa the estranged wife has finally turned up and went after her share of the money . Fair enough but she has applied for probate so nothing is happening now .
    Turns out the lawyers who are handling things as an executor are a couple . One is retired and the other works one day and week and is not taking on any new business .
    Lawyer has my stepsons share and the other brothers share in an account but will not pay them out for some reason .
    Any advice appreciated .
    I haven't read the whole thread, but sounds as if getting some legal advice would be no bad idea. Your stepson is an adult, so why not let him decide how he wants to proceed? 
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • buddy9
    buddy9 Posts: 811 Forumite
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    alfmurph said:

    Lawyer has my stepsons share and the other brothers share in an account but will not pay them out for some reason .
    Any advice appreciated .
    Perhaps as simple as Gran’s solicitor/executor is awaiting Teresa being appointed administrator to then allow issuing of final accounting for sign off by the three recipients prior to distribution and settlement.
  • Sarahspangles
    Sarahspangles Posts: 3,238 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 7 April 2023 at 9:36AM
    buddy9 said:
    alfmurph said:

    Lawyer has my stepsons share and the other brothers share in an account but will not pay them out for some reason .
    Any advice appreciated .
    Perhaps as simple as Gran’s solicitor/executor is awaiting Teresa being appointed administrator to then allow issuing of final accounting for sign off by the three recipients prior to distribution and settlement.
    Also the executor’s year isn’t ‘up’ so there’s no consequences for retaining the money, and potential for something/somebody to turn up, like the estranged wife did.p, which makes it desirable not to settle the account just yet.  There should be interest accruing to the estate from funds in a client account?
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