Who is the rightful Heir?

"isitme"

You're correct, this is very complicated, so I'll try to be brief.

In the first instance, it may be worth looking back at your late mother's will, if she made one. There may be a life interest clause in it directed to you and your siblings which will still be valid.

Without your father having a will, all his estate will pass to his current wife for her to do as she pleases.

If your father made a will before re-marrying, that needs to be re-written as all previous wills are null and void in the event of marriage.

With so many potential claimants in the frame, you may have to raise the matter with your father initially, then consult a solicitor.

LauraLorLor

Sounds like your dad needs to draw up a will to me.

Harrison L

i think you would need to ask your lawyer about this.

athe74

This would vary strongly with the jurisdiction.

sarell

Usually his wife unless he has made a will. And what is worse is that she can pass it on to whom she likes when she passes.

Lindzibun

have u any friends who are lawyers? i think u should talk to some1 professional who really knows what they are talking about.
good luck.

waldo_mcginty

This is not only complicated but here are a number of gaps in the information without which you will not get a reliable answer.

If there is a Will the estate is divided as directed by the Will. If the house in joint names it is excluded from the estate and passes 100% to the wife. If there is no will a wife inherits under intestacy rules up to Â£125,000 (excluding the house if it has already passed via a joint tenancy). Any excess is divided between the wife (who only gets whatâ€™s called a â€œlife interestâ€ ) and any of the children of the current marriage.

These are the only points you can make with any degree of certainty. The rest depends on the ages of the various children and if there are any dependencies.If you want to take this further a sit down with a solicitor is probably inevitable.

tijuanalady21

This is really complex!

It depends a lot on your father's will. And also depends if your new stepmother's name is on the deeds of the house.

I'd say you should definitely talk to a solicitor. With inheritance tax and whatnot, I wouldn't expect a great deal anyway!

Emily J

wow poor you

Gala

It depends on his will/trust/estate plan, if any, and the laws in your country/state. I'd ask him about it. One of the things he can do, if he wants, is to leave you the house, but then leave the other children a life insurance policy with a similar death benefit value. A lot of people forget that you can 'equalize' things with insurance. I am going to assume that your stepmom will get everything if he dies, so you should ask him if he wants you to have anything. Maybe you can even be the one to pay for the policy (term life insurance costs very little) so you can be the owner of the policy and its beneficiary.

Ask him. You have to--you mustn't assume that someone will "do the right thing", because trust me, that never happens! Say something.

Crazeddoglady

Without a will, in most jurisdictions, your dad's new wife automatically gets the house and his assets. Your dad's wife's children don't automatically get anything. Your brother and sister have no claim to the house. You have no entitlement. That's all without a will. If there is a will your father can direct assets wherever he pleases. Once your stepmother inherits the house and any other assets she can direct those assets, via a will, to anyone she wishes.

Ruth S

It all depends on your father's will! He can leave everything to his present wife, and put something in it for you, as YOU are the only blood relative. Your brother and sister don't have any right's to his estate unless he legally adopted them as his own. I assume your Dad is still living, and it might be a good idea just to ask him! I don't know how old you are, again, I am assuming you are over 21, have a job, not living at home etc, same goes for your brother and sister! It would be nice if he remembered all of you in his will, BUT, it depends on how he feels about his wife! Is she a good "mother", or did she just marry him for financial reasons!? The bottom line is, you might get nothing. In my case, also in the UK, My mother died, then later, my father. My sister, also blood related, refused to send me his will, so she got everything! (I hope it chokes her!) I am in the USA and at the time of my Dad's death, which I may add, she didn't tell me he was dead for two years! it was a day late and a dollar short to do anything about it! That's the trouble with wills and whoever is left behind, there's always trouble! Try and understand your father's wishes IF he DOES leave everything to his wife, and please don't fight over his estate when he DOES die!! I'm spending mine, and giving what little I have to my kids, while I am still alive, so I have eliminated any bad feelings before I have to knock on Heaven's gate!!

dr.dave

Not sure about things in The U K but here in The U S if there is no pre- nup agreement in which this is spelled out the estate is entirely the property of the wife to do as she likes. If you are in good graces with her you might approach her as to her estate planning in the event of her passing. I would talk to a lawyer and find out for sure but you may be out completely.

Paul W

Do you know I think the best advice to give you would be for you to contact the local Citizens Advice Bureau. Make an appointment to see them and take all of your relevant information and documents with you when you go. It is almost impossible on here to tell you your legal rights without having all of the facts and getting your hopes up. Take the time to get proper advice which I believe in the long run will benefit you financially. Don't take the risk of losing what you believe to be rightfully yours. Good luck

Marcus

Assuming no will as that would override anything else.

1) Yes, as spouse she is NOK and the estate and it's liabilities are hers.

2) Non

3) Non

4) If your dad dies first, nothing.

In the event of no will, you could contest probate, but the strength of your action would be questionable because if your father had wished it any other way there would have been a will.

lucystott87

Unfortunately for you his estate would now go 50/50 between you and the new wife. Your non blood relatives have no claim on any of it unless they were written into a will by your dad.

However (if you hate your step-mom) you could contest her right to the house because it was your mam's death (sorry) that paid off the house.

Good luck babe. Sorry about your mam!!!

master yoda

curtis carl steele the second

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