childrens legal inheritance

[annmccann]

after my natural mothers death,her council house,the family home, was signed over to my stepfather. Without asking me he allowed my younger stepsister,his natural daughter to buy. I am adopted by him.
have I any claim when he dies,under Scottish law.

[factor-fiction]

If it was in his name wouldn't the council only sell it to him? Or do you mean he got it in his name but she provided teh money? Whose name is on the deeds?

[Sandy-Wroe]

Your mother had a tenancy. As you say, after she died your stepfather became the tenant.
His daughter wouldn't have been allowed to buy the house, but she may have provided the money so that he could. As she provided the money for the purchase he'll probably sign it over to her.
I don't think there's much you can do in this situation. Maybe you should see someone from the Citizens Advice Bureau and ask what they think?

[annmccann]

now this is another question. I am not sure of the answers,as i obviously dont get informed from them.I am led to believe there is a morgage which she pays.however when bought the house was valued at 53,000 pounds.with discount he was asked for 23000 pounds.She has the morgage for this,and has recently remorgaged to the value of 45000 pounds.the house is now worth 100000 pounds.i dont know,but have picked up from her ,that when he dies,he has willed the house to her.Would it be possible,that the house is in joint names?
Until she died,the house was in my mothers name only,then taken over by him.

[annmccann]

sandy-wroe,you are possibly right. It just seems wrong that your family can cut you out like this,and leave you with no entitlement,even though you were there first,to a mother ,who later marries ,and has another child,who gets all.
C'est la vie ,I suppose

[dzug]

You do have a claim when he dies - but not to the house or any share in it unless he chooses to leave that to you.

What you have is the right to claim a share of his other assets - I think one quarter - if he leaves you little or nothing. You just have to ask his executors - they are legally obliged to pay.

[annmccann]

as an adopted child,I think i may only have a claim on his MOVABLE estate on death.scottish law

[annmccann]

as he has no monetory assets,would assets include insurance policies on death?

[dzug]

Yes what I said - just didn't use the term 'moveable estate.'

The estate would include insurance policies unless they had been written in trust to benefit a named individual or organisation. For example a mortgage protection policy may be (but is not invariably) assigned to the mortgage company.

[Beanmistriss]

Am I reading this right? Your mum lived in a council house - which she rented from the council. Your step sister has bought it and now you want a share of what she has paid for?!

[annmccann]

my mother and i lived in the house. my mother married my stepfather ,who moved in. they had a child. my mum died.my sister asked to buy.he said yes. I had asked to buy 2 years before. he said no.my mother,while i was living with her,who was the one who accumulated the years for discount.anyway,it would have been nice to be asked if i had interest in sharing the buy.My sister will have paid 23000,which was the discount price. the rest she has remorgaged and spent,not on house i must say. when he dies,she will have a profit of house value,which i do not dispute is hers.however,i think i might have been entitled to be asked,as i was the one who was there first.it is the difference between the value when she bought it,and what she paid,that i think i might have had some say in.a mere 35000 pounds.not a bad investment,eh?

[factor-fiction]

I think this has been fully answered. I don't see you have any right to anything to do with the equity in the house while your step dad andstepsister are around. If he dies though without making a will and if the deeds are in his name then you may be able to claim a share then. If he has left it her in the will that's his choice isn't it?
Only in limited circumstances can you challenge a will on the grounds you should have had a share- maybe Barmaid can advise