Inheritance- what happens if my father dies first?

Question

I know this is going to sound awful but i dont mean anything nasty by it , its just something on my mind

basically my dad remarried approx 15 years ago , theres 3 of us (me , broth and sis) and my stepmum has 3 kids from a previosu marriage

my dad and her have a largeish very new house and a fair bit in the bank , i am positive when i was younger they made some arrangements with a solicitor about us getting equal shares when they die but do not know any exact details

I do not get on with my stemum , cant stand her

they are both in their late 60s

what id like to know is - say if my dad was to die first , where would that leave me and my brother n sister

could my stepmum sell her house and spend all the money or even change the will so her kids got the lot? or would we be entitled to something after my dad had gone or have to wait til she dies too?

could we end up with nothing if she decides to be nasty and sell up

how does it all work?

Answer 1

If the house is in both their names, she gets it. If its in only his name and they did not change the will, she will have to battle you for it. Same applies to the money in the bank.

You should find out and if its in her name, start kissin her ****.

Answer 2

it'll go to your stepmum, but if your step mum is any sort of person, she'd share it with your real mum

Answer 3

Never trust the step mom; that said, it really comes down to how those accounts your dad and step mom have are titled, they go right to her including the house, best bet is to have a good old talk with dad , try not to sound to greedy  

Answer 4

Your father needs to make a will.

If he were to die without a will then laws of testate would come into force. You can learn all about this online but I'm faily sure that if he is married then everything goes to his spouse.

It is a tricky subject but you need to talk to him about it. It will be too late atfter he is gone.

Answer 5

Everything is dependent on what your father's will says.  If his will leaves everything to your stepmother, then she can then legally leave everything to her children and you could end up with nothing.  This has happened with my cousin's family.  He died, left everything to wife #2, her will leaves everything to HER two children from a previous marriage, and his three children get nothing even though all of the money and property were his before the marriage.

Answer 6

It depends on where you live.  In my state, 50% goes to the spouse, 50% to the children, unless the will states otherwise.  The important things is does he have an updated will with you and your siblings in it?  If he does, there is nothing she can do to override it.  She will get her portion, and you will get yours.  There may be a few assets that completely go to her, or some assets you cannot touch.  You cannot force her to sell the house, even if you are entitled to a portion of the proceeds.  

If she does sell and not provide you with your proper share, you can take her to court.

Answer 7

What happens will depend entirely on what your father's will says.