Father died, step mum has cut me out

[Ikpo79]

Hi guys,

just after some advice of where I stand.

my father died 11 years ago and had no will. My step mum (who raised me rom the age of 13 and my brother along with my dad). At the time of his death there was no will and we didn’t really know anything about Probate. So nothing was done.

my step mum has since sold the family home, bought a house for her son (my step brother) and has written a will where me and my brother are completely cut out.

is there anything I can do? My father sold his house to move in with my step mum, paid off the mortgage on the family home and built an extension (the house she has recently sold)

[Ikpo79]

Based in England uk

[PallasAthena]

Was your stepmother legally married to your father at his date of death?

He died in 2014? Did he die before 1st October 2014? (The intestacy rules changed on that date)

What was the value of his estate given for Probate? If the family house was jointly owned your stepmother may have become 100% owner of the house outside of Probate.

I suspect there is nothing you can do about this situation. If the rules of intestacy were followed in 2014 and your stepmother became 100% owner of the house it is hers to leave in her Will as she chooses. She has no obligation to leave any of it to you.

I assume she is still currently alive

[Ikpo79]

Thanks for the reply. He died in Feb 2015. As you can imagine it was an emotional time for us all and we were all very close. We just assumed that step mother would take care of it so we didn’t know anything about probate or go through it. The house was jointly owned avd they were married.

[HariSeldon]

Thanks for the reply. He died in Feb 2015. As you can imagine it was an emotional time for us all and we were all very close. We just assumed that step mother would take care of it so we didn’t know anything about probate or go through it. The house was jointly owned avd they were married.

If the house was owned as "joint tenants" then it automatically went to your step-mum when your dad died. If the value of all his remaining assets were less than £322,000 then they also would have gone to your step-mum. In which case, as PallasAthena said, everything was now hers (assuming you are not in Scotland) and so it's up to her who she leaves it to and if nothing was left to you then there's nothing you can do (except ask your step-mum/step-brother if they'll share any of their inheritance with you on moral/goodwill grounds.)

If your dad's estate was larger than £322,000 then you may have been entitled to a share of the amount above that.