after my mothers death who has any claim to her husbands estate?

[i.dan]

My mother died without leaving a will. she owned a small property. She was also married to a wealthy businessman who owned several properties. He has his own children from a previous marriage. My mother had been married to him for twenty years. They had no children between them both. Do her children have any claim to her estate? And does that estate include the combined estate of both her husband and herself. Or, is property owned in her name only / his name only separate from that joint estate? If so, is there a time limit to any claims to that estate if any?

[PallasAthena]

Let's stick with your mother's estate as her husband isn't dead yet and probably has made a Will which will raise different issues. Your mother's estate and her husband's estate are separate.

If your mother died without a will (died 'intestate') then you can use this checker on gov.uk to find out who inherits her estate Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk) Her husband is likely to inherit all or most of it depending on the value of the estate.

If they had joint bank accounts or jointly owned her 'small property' that might automatically become wholly owned by her husband and not come within the intestacy rules. For property it depends on the form of joint ownership. If your mother was sole owner of her property then it becomes part of her estate.

Who applied for Probate for your mother and was granted the Letters of Administration? Ask them what has happened.

[i.dan]

Let's stick with your mother's estate as her husband isn't dead yet and probably has made a Will which will raise different issues. Your mother's estate and her husband's estate are separate.

If your mother died without a will (died 'intestate') then you can use this checker on gov.uk to find out who inherits her estate Intestacy - who inherits if someone dies without a will? - GOV.UK (www.gov.uk) Her husband is likely to inherit all or most of it depending on the value of the estate.

If they had joint bank accounts or jointly owned her 'small property' that might automatically become wholly owned by her husband and not come within the intestacy rules. For property it depends on the form of joint ownership. If your mother was sole owner of her property then it becomes part of her estate.

Who applied for Probate for your mother and was granted the Letters of Administration? Ask them what has happened.

Her estate and his estate.. do they include any part of each persons estate? Meaning is his own business and property also her property and estate as they were married?

Her husband would have dealt with Probate, we were not involved. We are yet to hear about what we will inherit as regards her property, though I'd assume it would follow the standard rules. But, if she had any shared right to his estate, who then is responsible for valuing and declaring it, or is that seperate and irrelevant from her estate?

[PallasAthena]

Her estate and his estate.. do they include any part of each persons estate? Meaning is his own business and property also her property and estate as they were married?

No. As I posted earlier their estates are separate. His assets don't become part of her estate just because they were married.

[Pezza54]

As a potential beneficiary of the residual of your mother's estate (under the rules of intestacy 50% of the estate value over £270k is shared by her children) you are entitled to see your mother's estate accounts. You should write to your father-in-law and ask for a copy.
You never know, he may have invested assets in your mother's name to reduce income tax.

[Pezza54]

Sorry meant stepfather not father-in-law

[i.dan]

As a potential beneficiary of the residual of your mother's estate (under the rules of intestacy 50% of the estate value over £270k is shared by her children) you are entitled to see your mother's estate accounts. You should write to your father-in-law and ask for a copy.
You never know, he may have invested assets in your mother's name to reduce income tax.

Thanks, that is helpful. Where would these accounts be? And is asking the survivor to disclose such information entirely up to his good will to provide transparently. Are the accounts of an estate somehow protected from being hidden away?

[PallasAthena]

Have you searched the government site to see if Letters of Adminstration have been issued? ['Letters of Adminstraion is what Probate is called if there is no Will]. Search probate records for documents and wills (England and Wales) (probatesearch.service.gov.uk)

If not check now and if it's there download a copy. There's a very small charge to download it, only about a £1. That will tell you the net value of the Estate and who was apppinted as the 'Administrator' [the equivalent of the Executor if there is no Will]. We seem to have assumed that your stepfather applied for Probate/Letters of Adminstration but this hasn't been confirmed as far as I can see.

As advised upthread if the value is less than £270,000 it will all go to your stepfather.

Come back and let us know what you find out.

The 'accounts' would just be the financial records your stepfather kept if he is the appointed Adminstrator. He doesn't have to file them anywhere and they aren't publically available.

[i.dan]

Have you searched the government site to see if Letters of Adminstration have been issued? ['Letters of Adminstraion is what Probate is called if there is no Will]. Search probate records for documents and wills (England and Wales) (probatesearch.service.gov.uk)

If not check now and if it's there download a copy. There's a very small charge to download it, only about a £1. That will tell you the net value of the Estate and who was apppinted as the 'Administrator' [the equivalent of the Executor if there is no Will]. We seem to have assumed that your stepfather applied for Probate/Letters of Adminstration but this hasn't been confirmed as far as I can see.

As advised upthread if the value is less than £270,000 it will all go to your stepfather.

Come back and let us know what you find out.

The 'accounts' would just be the financial records your stepfather kept if he is the appointed Adminstrator. He doesn't have to file them anywhere and they aren't publically available.

To summarise your reply to my question, the accounts for my mothers estate depends entirely on the honesty and transparency of her husband as the appointed administrator. So, unless the wider family has concrete proof of otherwise, his word is final.

[PallasAthena]

To summarise your reply to my question, the accounts for my mothers estate depends entirely on the honesty and transparency of her husband as the appointed administrator. So, unless the wider family has concrete proof of otherwise, his word is final.

That wasn't what I said. Of course the accounts of any estate depend on the executor/administrator being honest as no government official oversees or audits them. But that doesn't mean the beficiaries can't challenge them in court.


Have you found the details of the Letters of Administration on the government Probate site? What does it say? What is the declared value of the Estate?