Luke vs Mr nasty

[curlew430]

Please help my friend has died leaving 50% to her husband and 25% to each of her teenage kids . The step dad is giving son dogs life and asked him to leave. My question is he entitled to ask for his 25% of approx 150000 house . Hope you can help thanks

[Amethyst]

Does your friend have a copy of his mum's Will ? It will depend on the wording - the husband may have a life interest over the children's half of the property.

[curlew430]

I am sure he can get it but they not children anymore they are both 19 and 21. Step dad has met another and is been off with S kids

[Amethyst]

Aye, they're still 'the children' ( or 'issue' ) of the deceased whatever their ages - so whether the property can be sold and the estate distributed will depend on exactly what the Will said. Do you know if the property was owned by Mum and Stepdad jointly, and if so were they beneficial joint tenants or tenants in common ? Is Stepdad living in the property ?

[curlew430]

The house was bought by S's dad who lived in property . S died suddenly so D, S's dad left 50 percent to S ex husband and 25 percent each to S kids . C, the ex husband and S kids are still there plus C has moved another woman in too .. thanks so much for help

[Amethyst]

Has D died?

Sorry, should clarify, if S didn't own the house, as her father, D, had purchased it and he is the legal owner, then S couldn't leave the house to her husband, or her children. If D has died, then the house would pass as per his own will. It also depends who died first, if D left the house to S, but he died after her, then it would be down to the wording of the will as to whether it passed to S's estate still and then on to her husband and children as per her will.

Also, were S and C divorced when she died? ( just as you're referring to him as ex-husband )

[curlew430]

No the were together till the end C an S. . Sorry it was D, S's dad who left 50 to C and 25 to each kid ..... D bought it for all family to live in . S sudden death wasn't expected before D

[curlew430]

C has another woman and his pushing kids out I don't believe

[curlew430]

I dont believe what he is doing is right seen has kids have 50 percent share .... both kids are great but could do with help an direction . Thanks for your help

[Amethyst]

Okay, so D owned the house at the time of his death. His will left 50% of the property to C, and 25% each to S children ( S had passed prior to D so was D will 50% to S but due to her death it went to her children instead in equal shares - or did he specifically leave 25% each to each child ).

You'd need the wording of the Will still I'm afraid to know whether C has a life interest in the property ( ie whether the kids can force a sale of the property now to release their inheritance )


( are we using false names here btw? If not it might be an idea if I go back and change them to just initials just to prevent any identification of the parties issues )

[curlew430]

Initials would be good idea . It was to be 50 50 between C an S . When she died it was changed by D to 50 to C and 25 each to S kids ....... Will get copy of will tomo ... Thanks so much for your help , both kids have learning difficulties and I believe they are been manipulated a little

[Amethyst]

Sounds like a tough situation all round. It's good that you want to help - can't really say much without having the wording from the will as there's often caveats in there. Once we have that I'll tag in Peridot to have a look as she'll have a good idea of their options.