Inheritence
- Thread starter henhut
- Start date
Wow that’s really surprised me as I honestly thought as his wife you would have been entitled to half of the inheritance.
I don't think it is completely cut and dried It is obviously his inheritance as his mum left it to him in her will but as his wife I believe you would have to be considered) A lot depends on how long you have been married and if you are still married. Have you always shared money. If you own your own home do you own it jointly. I am sure that I have read of cases where even divorced spouses have been awarded a share.
If his mum were to die tomorrow, your husband would receive his inheritance as the will states but what if your husband died 2 weeks after his mum. Then his inheritance would go to you as his widow (unless he had made alternative plans beforehand) Has your husband made a will. Would you suffer a hardship that your husband would not have wanted.
What if your husband died before his mum (it happens) are there other beneficiaries because if that happened then you probably wouldn't get anything which would also seem very unfair.
It is a very complicated .
If you think that this is likely to happen soon then maybe you should have a chat with the CAB or something similar.
My husband died three months after his Mother. He inherited half of her estate, I inherited all his estate. Her estate took about five months to wind up so I received his half of it several months after he died.
I agree with @jaymor, any money his Mother leaves while he is alive belongs solely to him. He could gift you half but then the LA could claim “deprivation of assets” if It was obvious he could be needing residential care shortly after and you went to them for financial support.
I imagine that if you divorced him you could possibly claim half of his money as being your joint assets!
I agree with @jaymor, any money his Mother leaves while he is alive belongs solely to him. He could gift you half but then the LA could claim “deprivation of assets” if It was obvious he could be needing residential care shortly after and you went to them for financial support.
I imagine that if you divorced him you could possibly claim half of his money as being your joint assets!
I thought sotooo.
For years I knew something was not right with OH and it took years to get a diagnosis of a rare type of dementia.
He had taken out credit cards and racked up debts in his own name.
We did discuss while he had capacity years ago that I would pay it off using my pension pot working on when he received his share of his mums inheritence we could use that to replace my pension pot.
OH would never do a will and this was our decision based on a trusting relationship so nothing in writing.
I canbot get state pension for 4yr waspi women age.
Am now worrying as OH will not be long before carehome looms. We are home owners. But worry about my four years of coping financially before ky state pension is due.
for me @henhut what you have written in that last post changes things .... effectively, your husband is in debt to you and should be repaying that debt ... I assume he has no savings of his own now
is there any way you can document what occured eg copies of the amounts in your pension pot changing and statements showing amounts being paid from your account into your husband's or your joint account then going out to pay his debts .... is he able to write/sign a letter explaining what was agreed and done plus amounts involved, then actually send it to you in the post (don't open on receipt, just keep it safe) .... could he even begin to pay back a small monthly amount, just to evidence he acknowleges the debt
I'd also make sure your finances are separated out now, to ensure you keep your own income and savings
is there any way you can document what occured eg copies of the amounts in your pension pot changing and statements showing amounts being paid from your account into your husband's or your joint account then going out to pay his debts .... is he able to write/sign a letter explaining what was agreed and done plus amounts involved, then actually send it to you in the post (don't open on receipt, just keep it safe) .... could he even begin to pay back a small monthly amount, just to evidence he acknowleges the debt
I'd also make sure your finances are separated out now, to ensure you keep your own income and savings
Hi @henhut, I guess it all depends on when this happens, and the fact that you have said that your husband owes you money does change the scenario. I would be inclined to seek proper legal advice from a solicitor that will enable you to put the right legal measures in place to protect your position. It may cost you some money but it will be worth doing.
I think it highly unlikely a local authority will accept "repayment of a debt" to a spouse as a genuine allowed payment. Isn't supporting each other through thick and thin just what couples do? (Going on my experience of social workers here, I completely sympathise with the OP).They would not normally concern themselves with whether or not the spouse has adequate pension provision. The rules are quite clear on capital and the inherited money will be seen as the beneficiary's. The simplest way of getting around this is for MIL to add a codicil to her will or leaving a letter of wishes with it, leaving a portion of the estate to henhut direct.
I fear also that not having wills themselves may cause henhut and her spouse issues. @henhut, do you have children?
I fear also that not having wills themselves may cause henhut and her spouse issues. @henhut, do you have children?
I'm pretty sure that if your partner gets an inheritance that's mentioned in the will as being specifically for him then it will, if the need arises, go on care home fees. The only way you would be entitled to all or part of it would be if he died intestate and the money was still there amongst his assets, or if the money was still there and he'd made a will naming you as the beneficiary. As lemondrizzle mentioned, if your MIL desires, she could add a codicil leaving a separate amount to you which, depending on circumstances, would not be claimed for potential care home fees.
Personally I would never take it on trust that in a relationship you'll be alright if something happens to your partner, just because you trust them financially. I trust my husband implicitly in this way, but wills are legal documents which cover legal ramifications. Even with a will, I know whatever is left to each other can be all used up on our awful, underfunded social care system before either of us die.
Personally I would never take it on trust that in a relationship you'll be alright if something happens to your partner, just because you trust them financially. I trust my husband implicitly in this way, but wills are legal documents which cover legal ramifications. Even with a will, I know whatever is left to each other can be all used up on our awful, underfunded social care system before either of us die.
I did not ask the question to be a money grabber and all I am concerned about is having just enough to pay bills and eat.
And yes my fault for being to trust worthy
But I am and have been so burnt out I just do not care anymore what happens to me.
I have had enough.
And yes my fault for being to trust worthy
But I am and have been so burnt out I just do not care anymore what happens to me.
I have had enough.
Hi @henhut
You have every right to be concerned about your own financial status, your health and welfare.... far too often the needs of the spouse receive little if any consideration and they are left burnt out and worried about how to face the future
I think you are sensible to be thinking now of how you will cope and making any arrangements you can
When the Local Authority carry out a financial assessment regarding payment of care fees, they will effectively treat each of you as a separate individual, halving any joint assets eg anything in a joint savings account .... but if your husband has a private pension, he may pass on half to you and this is taken into account
You are a caring and generous wife and I believe you shouldn't be penalised for having bailed out, with your money, a husband who didn't manage his own effectively ... that may or may not be what couples do (some wives would not have) but the fact is it jeopardised your pension, it is a debt your husband intended to repay and shared assets can be halved
However, we can only give opinions... it may be worth talking in real time with an advisor on the support line
www.alzheimers.org.uk
You have every right to be concerned about your own financial status, your health and welfare.... far too often the needs of the spouse receive little if any consideration and they are left burnt out and worried about how to face the future
I think you are sensible to be thinking now of how you will cope and making any arrangements you can
When the Local Authority carry out a financial assessment regarding payment of care fees, they will effectively treat each of you as a separate individual, halving any joint assets eg anything in a joint savings account .... but if your husband has a private pension, he may pass on half to you and this is taken into account
You are a caring and generous wife and I believe you shouldn't be penalised for having bailed out, with your money, a husband who didn't manage his own effectively ... that may or may not be what couples do (some wives would not have) but the fact is it jeopardised your pension, it is a debt your husband intended to repay and shared assets can be halved
However, we can only give opinions... it may be worth talking in real time with an advisor on the support line
Dementia Support Line
If you need dementia support, we’re here for you. Get personalised information, support and advice by calling us on 0333 150 3456.
www.alzheimers.org.uk
I completely understand and felt the same. I spoke to SS and they said that the intention was not to leave the spouse penniless. While I was waiting to have an assessment I made a list of my finances and needs to give to them, and that felt I wss at least doing something.
I wish I knew the outcome so I could tell you, but my husband died before the assessment was Put in place,
Warmest wishes and hope you get some clear reassurance soon. Kindred
Thank You. Perhaps a glimmer of hope.Hi @henhut
You have every right to be concerned about your own financial status, your health and welfare.... far too often the needs of the spouse receive little if any consideration and they are left burnt out and worried about how to face the future
I think you are sensible to be thinking now of how you will cope and making any arrangements you can
When the Local Authority carry out a financial assessment regarding payment of care fees, they will effectively treat each of you as a separate individual, halving any joint assets eg anything in a joint savings account .... but if your husband has a private pension, he may pass on half to you and this is taken into account
You are a caring and generous wife and I believe you shouldn't be penalised for having bailed out, with your money, a husband who didn't manage his own effectively ... that may or may not be what couples do (some wives would not have) but the fact is it jeopardised your pension, it is a debt your husband intended to repay and shared assets can be halved
However, we can only give opinions... it may be worth talking in real time with an advisor on the support line
Dementia Support Line
If you need dementia support, we’re here for you. Get personalised information, support and advice by calling us on 0333 150 3456.
Hubby will be going in to under a section 3.
Nobody thinks you are a money grabber. You have every right to make sure you can cope financially and frankly it is right that there should be some expectation of sharing the inheritance as in other circumstances it would be treated as a marital asset to be shared between two loving partners.
I am so sorry you feel so burned out, but you do matter. I am sorry we haven't been able to offer you reassurance about the inheritance. Yet another flaw in the system!
That must be something of a relief for you. This journey is hard enough without the worry of insecurity.
A little tongue in cheek, I expect that if you were to divorce him, then at least half his assets, would become yours!
(You will need expert advice if you follow this up)
Bod.
