Dying intestate.
Discussion
If someone dies intestate, and is unmarried but has a younger sister and six children.
What happens to the estate?
My thoughts are it passes to the next of kin, which is either the eldest child or is it the sister?
This all happened five years ago and there is a legal document of probate (I think).
What happens to the estate?
My thoughts are it passes to the next of kin, which is either the eldest child or is it the sister?
This all happened five years ago and there is a legal document of probate (I think).
As I understand it - down, up, across. Children first, then parents, then siblings.
But as ever, the details matter. https://www.citizensadvice.org.uk/family/death-and...
But as ever, the details matter. https://www.citizensadvice.org.uk/family/death-and...
Tyre Smoke said:
If someone dies intestate, and is unmarried but has a younger sister and six children.
What happens to the estate?
My thoughts are it passes to the next of kin, which is either the eldest child or is it the sister?
This all happened five years ago and there is a legal document of probate (I think).
Each child gets a 6th. Sister gets nothing.What happens to the estate?
My thoughts are it passes to the next of kin, which is either the eldest child or is it the sister?
This all happened five years ago and there is a legal document of probate (I think).
Tyre Smoke said:
If someone dies intestate, and is unmarried but has a younger sister and six children.
What happens to the estate?
My thoughts are it passes to the next of kin, which is either the eldest child or is it the sister?
This all happened five years ago and there is a legal document of probate (I think).
Let's be absolutely clear here, the six children are the children of the person who dies intestate, not the children of the sister?What happens to the estate?
My thoughts are it passes to the next of kin, which is either the eldest child or is it the sister?
This all happened five years ago and there is a legal document of probate (I think).
Tyre Smoke said:
Thank you.
For clarity, this is my mother and the circumstances are quite personal and not at all 'council'. I find that comment particularly offensive in this context. It's not helpful and if it was meant to be a 'witty quip' then it isn't.
Who made an offensive remark?For clarity, this is my mother and the circumstances are quite personal and not at all 'council'. I find that comment particularly offensive in this context. It's not helpful and if it was meant to be a 'witty quip' then it isn't.
What did they write?
Indeed.
It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
Tyre Smoke said:
Indeed.
It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
Is the estate of your adoptive mother or birth mother?It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
Tyre Smoke said:
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
If you don't want/need the money and you are not bothered, why not back away and let someone else sort it out?So I started the thread for some general advice really. Thank you all for the positive contributions so far
Tyre Smoke said:
Indeed.
It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
Adopted out? Not sure you would be entitled to anything at all......... but IANAL and certainly not an ACTAPS lawyer.It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
Tyre Smoke said:
Indeed.
It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
If you where adopted then you lose any claim on your birth mothers estate (accept under very unique circumstances) unless she included you in her will. It's all a bit complicated really. The estate is in limbo and has been for five years. There's a house in Wales with a car outside that lies untouched.
Long one short, I was adopted at 8 weeks old and never knew my birth mother. I did some tracing recently and discovered she died in 2015. I also discovered I have five siblings (I'm the oldest) and they've all fallen out with each other over the estate. I have no interest in any of it, except to try (perhaps) to get it all sorted out. I want nothing financial at all. There's not much anyway. And what I never had, I never missed as they say.
So I started the thread for some general advice really. Thank you all for the positive contributions so far
https://www.co-oplegalservices.co.uk/media-centre/...
It's my birth mother's estate. I'm not getting involved, I'm just curious that's all. I've no intention of wading in and throwing my weight about. The others are all arguing about it anyway!
My involvement so far is to have been imparted this information from one of my sisters and I didn't know what the legal perspective was.
Interesting that because I was given up for adoption I have no legal claim. Pretty sure that is not what my birth mother would have wanted.
My involvement so far is to have been imparted this information from one of my sisters and I didn't know what the legal perspective was.
Interesting that because I was given up for adoption I have no legal claim. Pretty sure that is not what my birth mother would have wanted.
Tyre Smoke said:
It's my birth mother's estate. I'm not getting involved, I'm just curious that's all. I've no intention of wading in and throwing my weight about. The others are all arguing about it anyway!
My involvement so far is to have been imparted this information from one of my sisters and I didn't know what the legal perspective was.
Interesting that because I was given up for adoption I have no legal claim. Pretty sure that is not what my birth mother would have wanted.
I suspect your mother had other things on her mind when she put you up for adoption.My involvement so far is to have been imparted this information from one of my sisters and I didn't know what the legal perspective was.
Interesting that because I was given up for adoption I have no legal claim. Pretty sure that is not what my birth mother would have wanted.
The fact is the intestacy law is a way of dividing estates where there is no will. For obvious reasons it cannot be expected to consider the possible wishes of the deceased.
The trick is to never die intestate.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff