Ignoring adoptee in will

sinbad09

This is a follow up to my previous thread 'No Will in Place'. 

Following my stepfathers death last week it would appear my stepbrother is attempting to keep all of his fathers assets (savings and insurance policies) for himself in the absence of a will. While I realise he could probably do this if he were an only blood born child, there happens to be a sister also ( who may have agreed to this unsure about that ) but more significantly an adopted child now in early 30s who he is attempting to completely disregard. The amounts involved are probably not enough for probate to kick in so what happens if he goes through with this. 

My questions are.

If he blows the money gambling etc can he's still be liable for it in the future to the adoptee?

Is there an inexpensive way of stopping him going through with this without involving expensive solicitors.

Who would you even report this to?

Obviously it's a crime are the police first port of call?

DE_612183

adopted children get treated the same as biological for intestacy...

sinbad09

Yes I'm aware of that but if the bank and insurance companies release the money to him, I estimate around 15-20k in total what's to stop him pocketing the lot.

sheslookinhot

Your stepfathers adopted child is an adult. So, the first request they make to brother is a full inventory of his assets at death. They should make him aware they are entitled to an equal share of his moveable assets as a minimum. But probably 33% of the total estate value. Mentioning that it would be better for all concerned, stepfathers 3 children, if it could be settled without course to a solicitor.

Alderbank

sinbad09 said:

Yes I'm aware of that but if the bank and insurance companies release the money to him, I estimate around 15-20k in total what's to stop him pocketing the lot.

To protect the bank or insurance company, he would have had to sign disclaimers from them to say that if they received further claims on the estate he would indemnify the finance house.
So your stepsister, or the niece, or a creditor who was owed money by your step-father's estate, could bring a civil claim against him in the county court under certain circumstances.

Which country was step-father resident in when he died? Is that in your other thread? Intestacy rules vary regarding family and dependents.

Linton

sinbad09 said:

This is a follow up to my previous thread 'No Will in Place'. 

Following my stepfathers death last week it would appear my stepbrother is attempting to keep all of his fathers assets (savings and insurance policies) for himself in the absence of a will. While I realise he could probably do this if he were an only blood born child, there happens to be a sister also ( who may have agreed to this unsure about that ) but more significantly an adopted child now in early 30s who he is attempting to completely disregard. The amounts involved are probably not enough for probate to kick in so what happens if he goes through with this. 

My questions are.

1)If he blows the money gambling etc can he's still be liable for it in the future to the adoptee?

2)Is there an inexpensive way of stopping him going through with this without involving expensive solicitors.

3)Who would you even report this to?

4)Obviously it's a crime are the police first port of call?

1) Yes

2) Calm negotiation with the adopted daughter holding a (metaphorical) gun behind her back:  If the problem is not resolved ultimately a case would have to be brought before the courts to the potential great cost of all involved, particularly the loser. 

@sheslookinhot (previous post) has the right approach in my view.

3/4) I believe it is regarded as a domestic dispute with no official oversight.  Reports on similar cases raised in this forum have indicated the police in particular are not likely to be interested.

sinbad09

Sounds like it's probably worth sending him a formal letter requesting the value of my stepfathers estate at time of passing but not pursuing it in courts. I have no doubt my niece (the adoptee in question) would win but if we risk incurring considerable costs then it's probably not worth it. Feels like a massive injustice as my stepfather has been robbed of his final wishes, I'm sure my stepbrother will reap what he sews though.

sheslookinhot

Given it’s your niece who is the “beneficiary”, it would be appropriate for her to send the letter or see him in person.

DE_612183

I guess one option might be once you know the value of the estate ( say £45,000 ), if you know it should be split 3, the adoptee could send a solicitors letter ( may not cost too much ) asking for their value of the estate ( £15k ), if nothing comes of that they could then issue a money claim online for the amount - again not sure how much that costs but it's only a hundred or so - depends on the value you are claiming....