stepmother And Her Children

[jonno1977]

My Dad recently passed away.

My dad was diagniosed with aspestosis(Mesothelioma) about 18 months ago he died of his condition just recently,about 6 weeks ago he recieved over �100.000 in compensation for his illness.

This is where the matter becomes complicated.

My Dad had 9 children by my mother,unfortunately they divorced in the 70's.

My Dad remarried to a woman who had 6 children of her own.they never had any children together.

The problem is my dad never made a will,and her children are now going to have great pleasure out of my Dads pain and suffering by spending his money.

The matter is not really about the money.we wouldn't mind if our step mum was going to spend it on herself but we know that won't be the case.

My Dad did say To us that my stepmum was to give us �45.000 and she knows that but she is now denying it was ever said.

Is there any advice anyone could give me please

John

[hopalong]

I am not an expert but if any of you where finacally dependant on your dad they you then I think you will be entitled to some of the money. It may well be the money may be classed as movable estate which also means you are entitled. As I say I am not an expert but seek proper advice pronto

[Ethel]

Here is a straightforward guide to intestacy

http://www.trethowans.com/resources/flowchart%20rules%20 intestacy.pdf

[dzug]

If the �100K was all he left then your stepmother is fully entitled to it and to do what she wants with it. Even if your Dad did tell her he wanted �45K to come to you she is under no legal obligation to comply.

It doesn't sound as though you are entitled to anything on the basis of dependency - you are all adults by now by the sound of it.

If his total estate is worth over �125K then you will as his children be entitled to a share of the excess under the intestacy rules.

The other thought is whether the compensation money forms part of his estate at all and if it doesn't there is a question of who is entitled to it - it might still be your step mum. You'd need expert advice on this - it's only a wild guess on my part that it might not.

[dzug]

Sorry - forget my last para - I'd misunderstood your dates and thought he'd died 18 months ago.

[kazza12345]

i guess if it had been important to him for you to have the money, he would have made provision for that to happen. My advice would be to keep your happy memories of your dad and put up with the situation. Even if you had a share of the 45 thou, it would only mean you had 5 thousand pounds. Is it really worth pain and heartache and possible family rows over? Money does not make you happy, wheras the bitterness could make you very unhappy, and any solicitors bills you incur may well eat into the 5 grand enough to make it insignificant or used up any way. I would guess that unless your dad died in complete denial, this situation would have gone through his mind anyway, and yet he still didnt make provision

[kazza12345]

you dont say what kind of relationship your dad had to his step children, but it might be a bit misleading to say they are getting great pleasure out of his pain and suffering

[hopalong]

Did your dad adopt his step children?

[jonno1977]

No he didn't get on with them at all