Question about inheritance money and wills?

It helps if you say what country this is in, as everywhere has different law!

As you mention a solicitor, I will assume you are British. Specifically I will assume that English law applies (Scottish is a bit different). As you have mentioned GCSEs in previous questions, that will be right - English law also applies in Wales and Northern Ireland is pretty much exactly the same.

If he has made a will, whatever the will says applies. The only time you can make any claim is if you were financially dependent on him, but you say you aren't so we can forget that.

If there is no will, then his estate is divided amongst relatives according to the intestacy rules. (Administration of Estates Act 1925 section 46 if you want to google them!) If he is married, then his wife gets the lot unless what he left is worth over £250,000. If there is more than that, his wife gets that much, half the rest as well and the children share the other half of what's left equally. If he is not married, then his children share the lot equally, so you, your sister, and his other child will get a third each. Any child who is his by blood or adoption gets an equal share.

The question I have here is whether he is married. Which of the above applies is going to depend entirely on whether he was ever married to your mother, and if they were, are they now divorced? As you can see, this is a totally vital question to answer who gets what! (Something to think about for your own future - when you have a partner, they don't get a bean unless you were married, you're civil partners, or you made a will that gives them something. And being married saves inheritance tax, because anything you leave to your spouse is totally exempt from the tax.)

Now there is the question of executors. A will should name at least one person to be executor, and it is their job to do what the will says. They are legally responsible for this and can be sued if they don't do what the will says.

If there is no will, then there are obviously no executors. The nearest relatives need to be appointed administrators by the High Court, this will be officially done when they apply for probate, and this will basically work out to be much the same people as are entitled to something. They have the same duties as executors, in that they must share everything out according to the intestacy rules. Assuming your father is not married when he dies, then the three children will be joint administrators so you can sort it all out amongst yourselves. His new girlfriend doesn't get a say as she isn't any relative because they didn't marry. (If they DO marry, then she's going to get most or all of what he owns as I said, and she will be the administrator.)

You won't need a solicitor unless someone "intermeddles" so the intestacy rules aren't followed. Or he did make a will and it leaves something to you, but the executor(s) don't give it to you. Then you can sue the responsible person to force them to give you your share.

Or you don't know how to get probate - you CAN do this yourself, and I did it when my Dad died, but you can get a solicitor to do the paperwork for you.. Most people do. Probate is the formal process of applying to the Probate Registry (which is part of the High Court) to get official confirmation of who the executor(s) or administrator(s) are, and paying any inheritance tax. You need the grant of probate or you can't sell his house if he owns one, close his bank accounts or sell any shares he owns. The Land Registry, the bank or the company just won't let anyone transfer ownership or get the money out unless they see the grant of probate. It's rather a fiddle and what takes the time getting it is valuing everything he owned so you have a value for the inheritance tax return, and if there is any tax it has to be paid before you get the grant, but it's gotta be done!

If he left a legal will, the terms of the will override anything else regarding who inherits whatever is left of his estate after settling debts. If he dies without a will, his estate would be distributed according the the 'intestate' law wherever he lived at the time of death. Generally, that includes a portion for descendants, even if they have no contact with him. Technically, whoever probates the estate should make an effort to contact potential heirs. That said, if you learn he has died, there is no reason not to attempt to contact the executor of the estate to inform them of how to contact you, and any other potential heirs. Even if you won't receive anything, most executors would at least inform you about the basic terms a any will and what if anything you would receive.

In the US, a legal spouse would inherit everything if there is no will. Without a will, the inheritance goes to the children- ALL the children. However, the woman he is living with could contest and claim a common law marriage, depending on the law in your state.

You being his child, by marriage I assume, you would inherit even if he divorced your mother and you had no contact with him. The details might vary depending on where he lived.

No, you have no right to any inheritance, unless you are named in his will.Since he is remarried the New wife comes first .

If he has no will and no spouse his money would be divided among his biological children and legally adopted children equally USA

in the uk there are strict rules as to who get what if someone dies without a will depending on who else outlives them and if people are or have been married etc

check it out here

https://www.gov.uk/inherits-someone-dies-without-w...

In the UK if he does not leave a Will then any assets would be passed to ALL of his children equally.

Contact an attorney.

If he's written a will that excludes you you'll get nothing.