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Legal, pensions and money

Son / Daughter in law inheriting the estate.

(45 Posts)
bentley49 Fri 28-Jun-13 14:16:07

I have come accross a case where somebody's only daughter had passed away before her parents and both parents have now passed away within a month of each other.
Reasonably in my opinion the blood relatives expected to inherit the estate.
I have suddenly found out the estate has been willed to the son in law.
Surely there must be some law to prevent this happening as blood relatives are closer than a son in law.

Gerry

j08 Fri 28-Jun-13 14:19:17

FRANK !!!

You're wanted.

mollie Fri 28-Jun-13 14:25:47

Did you say the estate had been willed to the son in law? If so, the deceased has the right to decide who inherits. Blood comes before in laws if no will is left.

Nonu Fri 28-Jun-13 14:30:35

It is a persons right. , to decide who inherits their money.

bentley49 Fri 28-Jun-13 14:37:37

mollie

The blood relatives went around to see the mother in law who outlived the father in law.
She just said the son in law had both wills. He refused to let the relatives see them.
When the mother died he slept in her house for a few nights.
Surely the blood relatives should take charge of the keys until the estate is sorted out.

Gerry

Nonu Fri 28-Jun-13 14:39:28

Why?

j08 Fri 28-Jun-13 14:41:16

This has come up before has n' t it? About the relative sleeping in the house for a few nights? Sounds so familiar.

bentley49 Fri 28-Jun-13 14:43:00

Nonu

The relatives had not seen the will and they want to contest it.

Gerry

Nonu Fri 28-Jun-13 14:44:56

Better yet, let either the executor, or the solicitor in charge take care of keys.
Still as they say , where there is a will there is always a relative .

Nonu Fri 28-Jun-13 14:47:42

I don"t blame them, so what is to stop them.?

j08 Fri 28-Jun-13 14:48:33

But the house would have gone to the daughter, had she lived. And the son in law is her next of kin. So, sounds right to me.

mollie Fri 28-Jun-13 15:48:04

Maybe the other relatives were grasping and unscrupulous (sounds it to me from what has been said so far) and the parent knew this and actually preferred the son in law to have the estate? Were there grandchildren? Perhaps that's why the SIL got the property...

Bags Fri 28-Jun-13 15:53:32

What's your dog called, Gerry?

HildaW Fri 28-Jun-13 15:55:00

If the Wills were completely legally and its what they want....why should there be a problem? Methinks someone wants to 'stir'.

Elegran Fri 28-Jun-13 16:03:23

Hearing echoes, Bags?

soop Fri 28-Jun-13 16:21:33

S.O.S Frank...you're expertise is needed grin

soop Fri 28-Jun-13 16:22:01

Back to the tennis. wink

HUNTERF Fri 28-Jun-13 16:33:18

People have strange thoughts about inheritance.
Some people I have come across have said that they will be ok when a certain relative kicks the bucket.
If the son in law is the beneficiary named in the will that is it unless somebody could prove they were in some way financially dependent on the deceased and inadequate provision has been made.

Oddly my fathers ex lady friend set the police on to me after my father died as they thought I should not be in the house until the probate was settled but they did not take me out of the house as I showed them a copy of the land certificate which had my name on it and a copy of Dad's will.

I had a similar problem when my mother / father in law died within weeks of each other.
They left their estates to my 2 daughters who were 20 and 17 at the time.
Their relatives came around thinking that the house had been left to me.
I was the trustee but this had no practical effect as my 17 year daughter came 18 5 weeks later when the trust ended. The solicitor delayed things a bit to save fees.
They told me that I should force my daughters to hand the estate over to them but how could I even if I wanted them to?.
They said young ladies would just spend the money on things like drugs and they could not inherit money before they were 21.
I never saw any drugs or reckless spending.
The son in law is under no obligation to show them the wills.
Copies will have to be obtained from the probate office on payment of the appropriate fee if the relatives want to see them.
With regard to the keys obviously the son in law will not want to hand them over to the relatives as items may go missing or the relatives may squat in the house causing more problems and expense.

Frank

HUNTERF Fri 28-Jun-13 16:39:34

Thinking about it it may be wise for the son in law to get a copy of the will and land certificate ( I presume there is a house involved as keys are mentioned ).
The relatives may try to get him arrested claiming he is in the house unlawfully.

Frank

HUNTERF Fri 28-Jun-13 16:48:45

j08

I do know of a case where a daughter died sadly within a year of getting married and her parents assumed the estate would go to the son in law.
This is not correct.
As there were no children at that point the estate would have gone to other relatives.
They were quick to get a will drafted and signed by a solicitor.

Out of interest the son got married again and a new will was done leaving the money to the second wife in case the son in law died before them.

Happily this did not happen. They had three children and for practical purposes the children landed up with 6 grandparents.

Frank

grannyactivist Fri 28-Jun-13 17:01:27

Bags - good question. wink

HUNTERF Fri 28-Jun-13 18:04:29

Hi Bags

Has Gerry mentioned a dog?.

Frank

j08 Fri 28-Jun-13 18:20:19

The thread that this sounded familiar to is called "Right to make last visit to partners house". Frank and Bentley are both on that thread. [shrug]

FlicketyB Fri 28-Jun-13 19:40:32

Her we go round the mulberry bush, the mulberry bush, again and again and again.

Nonu Fri 28-Jun-13 20:05:41

Flick, you are so right !!!