Do I have a claim?

[Lynne Auld]

Hi
My mother died 10 years ago without leaving a will. The house went to my stepfather. He died 6 months ago and the house was put up for sale. I have a sister and brother (neither of them are my stepfather's).
I applied for a copy of the will as none was forthcoming after he died and it turns out the executor is my sisters son, the witness to the will was my sisters husband and the house which has been valued at £120.000 has been left to my sisters two sons.
My stepfather was an alcoholic and this will was made just after my mother died.
My brother has a son and he has been left £3000 and I have two children and they have been left £1000 each. There has subsequently been an offer for the house for £117.000
In the confirmation the estate was valued at £142.000, this included £120.000 for the house £20.000 insurance policies, a few hundred in a bank account and the rest made up of furnishings.
My stepfather had no children of his own but has a surviving brother and sister abroad.I thought as the house was both my mothers and his that once he was gone it would be divided between the two families and our share would be between my sister, brother and I but my sister seems to have the whole thing sewn up.
My question is do I have a claim against either the house or the moveable estate. My sister refuses to discuss it and my son and daughter have yet to be notified that they were mentioned in the will.
Thanks in advance

[Inca]

Re: Do I have a claim?

Hi .........http://www.legalbeagles.info/forums/...of-life-issues

Have a look through the link above,your answer may/may not be there so please pop back on here if you don't find any relevant posts on there.

[SpringerSpaniel]

Re: Do I have a claim?

You might be best to see if there is a local solicitor who does a free or fixed fee initial intereview, rather than rely on online materials when this amount of money and property is involved.

[teaboy2]

Re: Do I have a claim?

Sounds like something is fishy, as its strange how they already have the house for sale and even had an offer made, yet your own two kids have not even been notified of their inheritance. I would also question the main benefactors son being the executioner as its advisable to select an executioner that is not the main benefactor, or where its likely to be a conflict of interest i.e such a close relation to the main benefactor of the will.

Since the executioner has not yet informed your own kids that they are beneficiaries in the will, then you may contest in my opinion, as the executioner has not fulfilled his legal duties in my opinion.

This website give you some info for you to check out - http://www.legalwills.co.uk/executor...ibilities.aspx

[Inca]

Re: Do I have a claim?

You might be best to see if there is a local solicitor who does a free or fixed fee initial intereview, rather than rely on online materials when this amount of money and property is involved.

Totally 100% agree with you Springer..quite why my brain didn't think of that is beyond me

[SpringerSpaniel]

Re: Do I have a claim?

If you use the listing of this organisation http://www.step.org/, you should find someone suitable.

Saving money on legal advice could cost a lot of money / a lot of trouble in terms of missing out and/or a dispute escalating.

[Lynne Auld]

Re: Do I have a claim?

Thanks to e erroneous who replied, am I right in thinking that when my mother died without leaving a will we could have insisted my stepfather sold the house and gave us our share? If this is the case surely it wasn't his to leave when he died?
again thanks in advance!

[Lynne Auld]

Re: Do I have a claim?

*everyone who replied, not e erroneous grrrrr

[enquirer]

Re: Do I have a claim?

My sister refuses to discuss it and my son and daughter have yet to be notified that they were mentioned in the will.

This is not a good sign.

Without knowing more of the Will, and exactly how the house was originally owned, it is impossible to give an opinion, other to suggest that you follow the advice given by SpringerSpaniel - see a legal professional specialising in these matters, and do it soon.

[ostell]

Re: Do I have a claim?

when my mother died without leaving a will we could have insisted my stepfather sold the house and gave us our share?

Unfortunately when your mother died intestate her estate passed automatically to her husband. You had no share in the estate (unless it was over a very high value).

I believer that as it was your stepfather then as you have no blood link to him then you have no automatic claim. After the bequests made in will have been made then the residue of the will will be distributed to his blood relatives, unless the will provides to the contrary.