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    • Madmelly
    • By Madmelly 14th Sep 18, 12:18 AM
    • 7Posts
    • 0Thanks
    Who's entitled to intestate inheritence
    • #1
    • 14th Sep 18, 12:18 AM
    Who's entitled to intestate inheritence 14th Sep 18 at 12:18 AM
    My mum has very recently died and I have just found out she had a bit of money in her estate. I had been looking after my mum for 2 years after her stroke and then she went to live in a care home. She was under adult social care after a period of time because it became clear she could not look after her finances, benefits etc so they became her appointee and started looking after her finances. I am her next of kin and have been for every form etc that she has ever filled out for the last 20 years or so. I was also her next of kin regarding the carehome she was in and i am classed as the next of kin regarding her adult social care appointee. Her Appointee told me that there was some money in her estate and that after I register her death I would get a green form for the funeral directors and to give them her contact details, this way she would see to it that the funeral was paid with my mum's money and the rest would be split between my brother and I. However, here's the crux. My father is still legally married to her on paper only as they have been estranged for around 25 years. His name had to go on the death certificate as her husband so I'm now thinking that as my mum was intestate, her inheritence will go to him??? If so, is there anything that could be done to stop this. We get on well with my dad and he would in no way intentionally get in the way of our inheritence but I'm not sure how we all stand legally???
    Last edited by Madmelly; 14-09-2018 at 12:32 AM. Reason: spelling mistake
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    • ProseccoGirl
    • By ProseccoGirl 15th Sep 18, 6:16 AM
    • 26 Posts
    • 26 Thanks
    I would assume so. They have both lead their own lifes, had partners, lived seperately etc. All the usual, just no divorce. I have found papers that looks as though my mum tried to start divorce proceedings but my dad wasn't playing ball. Think she gave up in the end and just thought, what's the point? If only she knew.
    Originally posted by Madmelly
    My parents are in a very similar situation. Separated for almost 30 years...but still legally married!!! (no need of care....yet!)

    They both still own the family home (Joint Tenants) and Mum still lives in it. At the moment neither of them have wills, but they do know that under JT the house will pass automatically to the other, and any other assets will also pass under intestacy rules. They seem OK about that.

    I can't see them doing anything about it now, as both in their 70's, but i do worry that it's storing up unforeseen problems for further on down the track with care costs etc.
    "I can see you, your brown skin shining in the sun, you've got the top pulled down and the radio on"
    • Madmelly
    • By Madmelly 16th Sep 18, 10:30 AM
    • 7 Posts
    • 0 Thanks
    Depending on where this money came from there could be claims on it.

    Fairly unusual to have nothing and grow assets it's often the other way round.
    Originally posted by getmore4less
    That's what I thought. I did ring her social worker/appointee in the finance department and asked how come she has this money. Her reply was that it was her benefits/pension that had built up over the years. I have done a bit of research but no idea how correct it is but she was on DLA when she went in which was 8 years ago. Now apparantly she should of still kept her entitlement to the mobility part of her DLA and then when she turned 65 a year ago she would of been entitled to a basic pension so these 2 alone would have built up and that is where it's come from which tallies up with what her appointee said. The appointee, like I've said before, is a social worker whom, I would of thought, must work along side the DWP and surely any monies they were going to take from her estate would have been accounted for. I was very suprised and stumped. Anyway, as far as I'm concerned, the money doesn't even exist until any of us actually sees it. Best way to think, wouldn't you agree? At least we know her funeral is covered because that takes precedent before anything else.
    • Madmelly
    • By Madmelly 16th Sep 18, 10:38 AM
    • 7 Posts
    • 0 Thanks
    Don't let your father accept any of this money until you/he are sure the DWP aren't going to be back demanding money back from your mother's estate. Otherwise he could land up losing his benefits & then paying back a lot of money to the DWP.
    Originally posted by badmemory
    This does worry me. I don't think they can but they do seem to make up their own rules as they go along. Anyway, If it does end up that my father will inherit then I will have to warn him about the nasty suprises he could be in store for. Not sure what he could do to prevent any of them though. He is in receipt of attendance allowance and that's why he get's help towards his rent/council tax. Not sure, if any, what difference that makes.
    • Cheeky_Monkey
    • By Cheeky_Monkey 16th Sep 18, 11:58 AM
    • 1,942 Posts
    • 4,313 Thanks
    There's no 'if' about it. As your mother didn't make a will (which you can do at any time by the way, not just when you're old), your father will inherit.

    If that means that he will lose his means tested benefits, so be it. He will be able to reclaim them once his capital falls below the limit.

    If the DWP do come knocking for any over-payment after he has received it, he can just pay it back out of the said inheritance.
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