Could I get my deceased dads money?

[wigglebum]

My father passed away 3 years ago and my mother received a huge lump some from his pension, then last year she was awarded compensation money so has quite alot also a three bed semi-detached house which is all paid for and receives monthly pension installments. Is there anyway that me and my other two siblings could fight her legally to get this money as she has just pushed us all away and I wouldn't want her to waste it just because she now has distanced herself from us all and is that petty she would waste it.

[NORMANTHEDOG]

of course you can try,but if your father left everything to your mother,thats it,its all hers.,seems to me you are jealous,greedy and horrible people

[wigglebum]

He didn't leave it to her he had no will.

If you had her as a mother you'd realise who was jealous, greedy and horrible! xx

[Kathyan]

If he left it all to your mother there is nothing you can do. Have you seen his will? In any case it's too late to contest it.

[Kathyan]

Sorry, cross posted. If he didn't leave a will then it automatically goes to your mother. There is still nothing you can do as so much time has passed.

[wigglebum]

Thanks Kathy I thought that might have been the case but thought I'd ask xx

[dzug]

Not true. If he didn't leave a will then the children may be able to claim a share as well as the mother once the estate goes after a certain figure.

The mother is entitled to the first �125K and a life interest in half the remainder.

The kids share the other half of the remainder.

Depending on the ownership of the house (joint or common tenancy) it may or may not come into the reckoning. I don't think the compensation money will come into it though.

http://www.lawontheweb.co.uk/basics/wills.htm# Dying%20without%20leaving%20a%20Will%20(intest ate)%20-%20Who%20gets%20what? has some details - what I have said is a bit simplified.

[bednobs]

This has got to be a joke, surely? unbelievable that you want to get her money so she dosent waste it!!! She is entitled to do with her money as she wishes! you cant just decide she has too much money, and she's not spending it right! How would you like it is she thought you had "quite a lot" of money and came round telling you how to spend it? It is HER money, not yours, of course you are not entitled to any of it. It would be a bit like me saying i think posh and becks have too much money, and they dont spend it on the right things so therefore i'd like some please.

[NORMANTHEDOG]

im not surprised he dident leave a will,with kids like you

[wigglebum]

Perhaps waste it was the wrong wording.

If you are related to posh and becks then give it a go.

I never said she had too much money either and I certainly have no intention to tell her what to do with it.

I'd rather give it a cats home than her have it, and I don't even like cats. Thanks for you replies xx

[wigglebum]

I don't think I asked for your opinion on us kids but thanks xx

[dzug]

But it is not necessarily HER money, bedknobs. If there was no will and the estate was above the �125K threshold then some of it belongs legally to the kids. If she has taken possession (with or without Letters of Administration)of it she has stolen it from them. If the sums involved are large enough she may also have defrauded the Inland Revenue.

Admittedly the original post shows ulterior motives, but you can't get away from the law.

[Ethel]

The pension lump sum is hers by right and cannot be included in the will. Nor can the pension.

The same with the compensation. That is hers.

I expect the house was owned by joint tenancy so is also hers and your father could not have willed any of it.

So unless your father had more than �125000 in cash and assets (excluding the house and pension) you are entitled to nothing.

[wigglebum]

Thanks xx