Inheritance rights - spousal

fritzie-65

https://forums.moneysavingexpert.com/discussion/comment/82144419#Comment_82144419

Thankyou Caz , you confirmed my thoughts and expectations

fritzie-65

Thankyou "Obt66 " for your detailed post this it is exactly the process I am going through.

Reed_Richards

To answer your original question, any spousal rights you might have apply only to your husband's estate should he predecease you. If your husband would have benefited from somebody else's will and he dies before you (and before this person dies) then you don't get the money that would have gone to your husband unless the will explicitly says you do. If your husband would have inherited money from a member of his family who died intestate, then that money would pass to his children; nothing would go to you.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82144574#Comment_82144574

Just as point of clarification, the original question by the OP referred to spousals rights ( if any) she might be entitled under a trust which was established during lifetime rather than under the terms of any Will.

In that specific circumstance would need to know what that trust may or may not have provided in that regard.

According, its unhelpful that OP's husband despite being co PoA on behalf of his mother has not apparently had sight of the trust document, so impossible to know what provision ( if any) has been made for his wife in the event he predeceases her and the trust subsequently terminates on eventual death of his mother.

The OP has not been able to confirm who the trustees are and therefore from whom a copy of the trust can be obtained. Her own will she is preparing can only make general ( rather than specific) reference to potential spousal benefits under the trust that might flow in her direction in the event her husband predeceases her.

Speculation that his mother could change the destination of her son's trust entitlement ( if any ) should he predecease her, is just that. Unless the trust grants her or the trustees specific powers to do this, the terms of the trust are likely already set in stone. Conflating the mother's own will, with what maybe provided by the trust, is unhelpful. Two distinct entities.

Sadly therefore, we are no further forward at this point with a definitive answer to the OP's original question.

fritzie-65

https://forums.moneysavingexpert.com/discussion/comment/82144574#Comment_82144574

Excellent succinct answer ..many many thanks

fritzie-65

I now know that if my husband dies before me and before his parent everything will go to his sibling.

The reality is that I am breaking my back to maintain a property and land that that in the event of the above happening I have no claim or rights to in any percentage part.

Thankyou all once again for all your input.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82144641#Comment_82144641

If the 'property and land' you have suddenly introduced into this discussion is the subject matter of the living trust and therefore the primary asset your mother in law is currently benefiting from, I really have no idea on what basis you have come to reach your fatalistic conclusion.

otb666

Is nt that where the proverb comes from Blood is thicker than water.

fritzie-65

Thankyou Poseidon1 ...basically the scales have fallen from my eyes and I have to face facts.

My husband is ill ( awaiting full diagnosis etc) not yet of pensionable age.

Their parent is in a nursing home and could go on another 5 years plus /minus.

My inlaws estate is wrapped up in a living trust with poa controlled by my husband and his sibling.

The sibling does nothing at all in terms of maintance of the property and land that form part of the assets / future inheritance to be split 50/50.Just barks orders and occasionally visits the nursing home.

I in the meantime along with my husband bust a gut/break our backs to keep the property and land in a well maintained and saleable condition so that it could be sold quickly if the funds are needed to pay for my inlaws nursing care as the funds to do this currently are dwindling.

So if the diagnosis/prognosis for my husband is bleak and he should die before his parent,the lot will go to his useless sibling as we have no children.

Resentment doesnt even cover it.

Yes I am being fatalistic but with good reason in my opinion.

otb666

i feel your pain we were in this situation apart from hubby not ill but seriously stressed and its so unfair when burden left on one child. I thought the stress was doing hubby no good at all and was glad when it was all over. I think you are right to ask now these questions and consider your options. I would be tempted to walk away and enjoy the time you have left. Thus forcing the sibling to contribute more. You cannot take money with you when you die. Hope you figure it all out and my best wishes