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Provision for inheritance from recently deceased Step-Father


Spuddy07
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I have just discovered that my Step Father has died. He married my Mother in 1984 and my Mother passed away in 1991 intestate. Before her untimely death at only 45 years of age she was to move away with her husband (my stepfather). They were to sell the house we all lived in I was 22 my brother 26. We were to receive a sum of money to "grow our wings" and move on. 
This never happened and after my Mother's death my Stepfather became very difficult to talk about the situation, even though the house was owned because of my Mother being a council tenant and the discount scheme that they took up. The only conversation I had with him was that the only provision would be that my brother and I would receive inheritance after his death. I became estranged from my step father and have not spoken to him since 1993. 

He remarried and seemed to have had a happy life, but I have discovered upon reading his obituary, that NO mention of his previous marriage or recognition of myself seems to exist. I feel cheated and feel my Mothers life that she worked hard for and sacrifices she made bringing up myself and my brother are now the foundations for my step fathers second wife and her family. Can I do anything about this ??  I have dates of marriages, deaths and property addresses that were owned. I just want what was right. Hope someone can help 

 

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Hi Spuddy and welcome to CAG

 

Sadly, your mother died Intestate so any "wishes" for you both to grow your wings and move on are not relevant.

 

Property owned by your mother and then your step father, was his to control and leave to his subsequent wife if that's what he wanted.

 

IMHO, there's nothing you can do about this, apart from draw a line and move on.

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Thank you for your reply 
The property was sold before he re-married just to clarify, thou I do feel very aggrieved by the way it was all dealt with following on from my Mother's passing. The years that passed we both should have settled the matter but alas never did. The chance for that have now passed I was just wondering if there was any chance that a will or arrangement could be contested and also find some recognition in the fact that his financial stability to move on came from the initial arrangement from my Mother purchasing the house as a council tenant.   

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I think Slick is probably right and that there isn't anything you can do.

 

There's a saying 'If it isn't written down, it didn't happen'. Can you find a paper trail to prove what you're claiming?

 

But if it all dates back to 1993, you could find it's too late, sadly.

 

HB

Illegitimi non carborundum

 

 

 

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I can understand why you feel aggrieved but in my opinion (I'm not a lawyer) you have zero chance of contesting any  of this in court.

 

Although it is possible for children to take legal action if their parent dies intestate so that the children receive something from the estate you have to start the legal claim within 6 months of the Letters of Administration being granted. That would have been in 1991. You cannot bring a court action nearly 30 years later.

 

A conversation you had in 1991-ish when your stepfather said you would inherit something from him counts for nothing, not least because you have no evidence it ever took place (only evidence counts in court) and anyway  whatever was in his Will at that time ceased to be valid when he remarried. Marriage nullifies all previous Wills.

 

I'm afraid you have to move on from this and not let it overshadow your life. There is nothing you can do to change things.

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