# Husband passed away, what rights have our children?



## suemoo (27 Jan 2021)

Hi all, 

Im looking for some advice. My Husband sadly passed away 5 years ago. 

At the time our girls were 1 +5 years and . He had been sick for a longtime prior to his passing. My question is around a conversation which he had with me prior to his passing. He asked me that when the time comes to make sure that the girls get what he should have inherited. 

Right now there is nothing to inherit however, his mother is elderly (father deceased) and there is an elderly  spinster aunt with a sizeable property and land.

I feel perhaps I should be aware if there is anything I need to do to secure our girls inheritance when the time comes. Also my understanding is that there are no wills as his family "don't do wills" so I'm guessing that the law will then just make that happen? If I'm wrong here and a will is created can my late husbands entitlements be written out of the will? .....from a personal perspective the money literally means nothing to me directly as I am financially secure, however emotionally this is very important that I take the right steps as  aside from him making me promise to tell the girls he loves them every day he also made me promise to make sure they got "his share".

I appreciate any guidance in this matter. 

Thanks 

Suemoo


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## Thirsty (27 Jan 2021)

Sorry for your loss.

I found the text difficult to make out; paragraphs make things easier to read.

In any event, I think you are asking about your in-laws property; and the answer to that is pretty simple.  

It is their property and they are entitled to do what they wish.

There is no action you can, or even should, take right now except to do your best by your mother-in-law; who has had to do the one thing every parent dreads and bury their child.

Put it all out of your mind and be glad that you can provide for your children.


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## mf1 (27 Jan 2021)

On the bare facts, your husband had no "entitlements" so he had no "share" in anything. Many people (wrongly) assume that assets in their extended  family should stay within the family. 

If there are no wills, then, on her death,  his mother's estate will be divided between her surviving children and the children (her grandchildren) of any of her children who died before her.

In the aunt's situation, on her death, the entitlement on intestacy - where there is no will is as follows

Bachelor or SpinsterNo ChildrenParents take all.Bachelor or SpinsterNo Children
No parents Brothers and sisters equally and children of deceased brothers and sisters take their parents share where there are surviving brothers and sisters.Bachelor or SpinsterNo Parents/Children
No brothers/sistersNephews and Nieces equally.

mf


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## Brendan Burgess (27 Jan 2021)

mf 

That is great



suemoo said:


> Right now there is nothing to inherit however, his mother is elderly (father deceased) and there is an elderly spinster aunt with a sizeable property and land.



So suemoo

You will have to give more information about the spinster Aunt.

Was she a sister of your father in law or your mother in law.

Did you husband have any brothers or sisters? 

Brendan


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## Thirsty (27 Jan 2021)

> You will have to give more information about the spinster Aunt.
> 
> Was she a sister of your father in law or your mother in law.
> 
> Did you husband have any brothers or sisters


Why? Other than the OP doing their sums to figure out what might happen should the in-laws fail to make a will (which is a questionable activity in itself); the OPs post was how to ensure their children got their "share" or what could be done if one or other relative wrote a will which excluded them.

And the answer to those questions is, you can't take any action at this time.


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## Ravima (27 Jan 2021)

As others have said, you have no legal right to any inheritance.

perhaps you and your daughters could spend some time with their granny and auntie. By partaking in their lives, then they (the older folk) might see fit to give them something. Even at that, if they don't, then you will have done right by your late husband.


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## suemoo (27 Jan 2021)

Brendan Burgess said:


> mf
> 
> That is great
> 
> ...


Hi there, she was a sister of my mother in law. And yes my husband had 3 other siblings.  Thanks for your help


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## suemoo (27 Jan 2021)

Ravima said:


> As others have said, you have no legal right to any inheritance.
> 
> perhaps you and your daughters could spend some time with their granny and auntie. By partaking in their lives, then they (the older folk) might see fit to give them something. Even at that, if they don't, then you will have done right by your late husband.


Thanks for the judgement and advice. (Not) your assumptions are that we don’t spend time which is incorrect, we have a close relationship. I seek information as my late husband made me promise to do so. Looks like Iv nothing to do which is great as I was worrying I’d have to do something legally and that’s not a road I want to go down.......emotionally it’s important I follow through on a promise to my dying husband.


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## Bern78 (27 Jan 2021)

I assume you want your children to inherit some of your husband’s aunt fortune.

if I didn’t have children I wouldn’t give any fortune I had equally to my siblings or their children. People can be closer to certain relations than others even if they are the same relation.


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## suemoo (27 Jan 2021)

mf1 said:


> On the bare facts, your husband had no "entitlements" so he had no "share" in anything. Many people (wrongly) assume that assets in their extended  family should stay within the family.
> 
> If there are no wills, then, on her death,  his mother's estate will be divided between her surviving children and the children (her grandchildren) of any of her children who died before her.
> 
> ...


Thank you for this.


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## suemoo (27 Jan 2021)

Thank you for the i formstio


mf1 said:


> On the bare facts, your husband had no "entitlements" so he had no "share" in anything. Many people (wrongly) assume that assets in their extended  family should stay within the family.
> 
> If there are no wills, then, on her death,  his mother's estate will be divided between her surviving children and the children (her grandchildren) of any of her children who died before her.
> 
> ...


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## suemoo (27 Jan 2021)

Thirsty said:


> Why? Other than the OP doing their sums to figure out what might happen should the in-laws fail to make a will (which is a questionable activity in itself); the OPs post was how to ensure their children got their "share" or what could be done if one or other relative wrote a will which excluded them.
> 
> And the answer to those questions is, you can't take any action at this time.


I ask the questions as my dying husband made me promise to do so....the money is irrelevant as I’m financially secure. I remain close with my late husbands family and it’s been on my mind the damage that could be caused to relationship if I had to go down some legal route......which thankfully looks like I don’t.       Also, if you are dying I don’t think this was an unreasonable request to make to try and secure something for your children in the future.............I find your reply very judgemental.


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## Brendan Burgess (27 Jan 2021)

suemoo said:


> Right now there is nothing to inherit however, his mother is elderly (father deceased) and there is an elderly spinster aunt with a sizeable property and land.





suemoo said:


> Hi there, she was a sister of my mother in law. And yes my husband had 3 other siblings. Thanks for your help



There is nothing you can do legally.  The grand aunt can do what she likes.

I am trying to follow the rules of intestacy i.e. if she dies without making a will...

It's too complicated for me to figure out.

Brendan


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## Clamball (27 Jan 2021)

I am sorry your husband has died and that you are fretting about the promise he requested of you.  

If your mother in law and aunt in law have made wills they may or may not have left your children a portion of their estate. Morally there probably is nothing you can do to influence them changing their wills if they do not contain a bequest for your children.

If they die without a will your children will get a portion.


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## NoRegretsCoyote (28 Jan 2021)

@suemoo 

Have you made a will yourself?

As a single parent it makes sense to at least nominate a guardian for your kids in case you die before they are adults.

Likewise your in-laws may bequeath something to you, and you should make it clear that this is for the benefit of the kids (and how) if you pass away.

Talk to a solicitor.


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## LS400 (28 Jan 2021)

suemoo said:


> He asked me that when the time comes to make sure that the girls get what he should have inherited.



Dont want to come across as insensitive, but with the best will in the world, thats a difficult enough position to put on you. In hindsight, this conversation would have been better coming from your husband, to his Mother and Aunt in their final talks.

Difficult as it would be, I would speak freely to my own parents and siblings about these matters, but would find it difficult enough to have the same conversation with my wife's family


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## dereko1969 (28 Jan 2021)

I, and I'm sure many others, read your initial post as that you didn't currently have a relationship with your in-laws, maybe that's us but a lot of us seem to have read it that way.


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## suemoo (28 Jan 2021)

dereko1969 said:


> I, and I'm sure many others, read your initial post as that you didn't currently have a relationship with your in-laws, maybe that's us but a lot of us seem to have read it that way.


I guess that says more about your own world then mine. The relationship was not mentioned in the OP so negative assumptions were made from your own frame of reference


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## dereko1969 (28 Jan 2021)

suemoo said:


> I guess that says more about your own world then mine. The relationship was not mentioned in the OP so negative assumptions were made from your own frame of reference


No, it actually refers to the many, many other references to wills that people ask about on here. Perhaps the fact that you make no reference to any discussions with your late husband's family gave that inference also. 
So, maybe talking to them might be an option.


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## Ravima (28 Jan 2021)

If you were referring to me making judgements and assumptions, I can assure you I was not.


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## Bronte (28 Jan 2021)

suemoo said:


> Hi there, she was a sister of my mother in law. And yes my husband had 3 other siblings.  Thanks for your help



Do sing has three living nieces a third each. Your MIL had no other sibling? Who has issue?


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## Vanessa (31 Jan 2021)

I am sorry for your loss and it is tough rearing young children alone.
Financially you say you are secure which is a great relief. As the other posters have said there is no entitlement. That is not to say that you or the children wont benefit either by a will or in the absence of same.
Your husband was probably not aware of the full legal position.
I think you should just get on with your life and see what the future brings. There does not appear to be any signs of animosity in the family so hopefully as they say "whats due to you will come to you"


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## Bronte (31 Jan 2021)

suemoo said:


> Hi there, she was a sister of my mother in law. And yes my husband had 3 other siblings.  Thanks for your help


Is Granny the only sibling? If yes, and she outlives her wealthy sister then everything goes to Granny. (Without a will).


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## Bronte (31 Jan 2021)

And if Granny then dies without a will, it goes equally to her children, with the share of Mr. SueMoo's going to his children, them being the children of  a predecesased child.  Just watch out for the Church and the Cat people.    (I forgot to say sorry for your loss, it can't be easy.)

Also you say you are ok financially, but no harm doing the money makeover to see if you can do better.


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