Should I take my inheritance?

cnelo

Hi.

My Father passed away a few months ago. My Mother is still alive. There are 3 children. All living in the home over 20 years of age and under 30. Two children in full time employment and one child in full time college,part time work.
My Fater did not leave a will. The solicitor has informed my mother that she is entitled to 2/3 of my fathers estate and the remaining 1/3 should be split equally between the 3 children. Mother said that he said we can take the inheritance or leave/waive it.
What normally happens? do the children take their share? My mother does not work.
i spoke to my mother to ask for a small loan for a college course and that i would pay her back when probate came through. She was a little taken aback and said that normally when one parent is still alive the children dont take their share. is this true?

all answers greatly appreciated

MagicSean

Not really a legal matter. Perhaps you should try the Personal Issues forum.

coylemj

cnelo wrote: »

i spoke to my mother to ask for a small loan for a college course and that i would pay her back when probate came through. She was a little taken aback and said that normally when one parent is still alive the children dont take their share. is this true?

That's a tad self-serving, what else would she say? I bet she's now regretting that your father didn't make a will.

Agree with Seanbag1 that this is not a legal issue, the solicitor has outlined your entitlements under the rules of intestacy, what you do next is up to you.

CIARAN_BOYLE

If you take it expect to be written out of any inheritance when your mother dies. Children don't normally take a portion of the parents inheritance while one parent is still there and people can be vengefull.

bath handle

A lot depends on the extent of the estate. If the bulk of the estate is the family home and the only way to pay the 1/3 share is to sell the house, it would be common for the children to agree to wait until the surviving parent dies before seeking a share.if there was a substantial about of cash or liquid assets were available it would be different.

Victor

I think your mother may be acting in a self serving way, but you are still benefitting from the family home?

Dodd

Victor wrote: »

but you are still benefitting from the family home?

Not for much longer if he keeps on the track he is on.
It is a legal mater if the lad wants to take this further to get inheritance.
Don't do it lad and maybe get a part time job to help your mum out.

Sorry for your lose.

I read it again and you at least have a part time job.
Pay for the course your self.?

Dodd

I have now read this lad has a full time job and looking for a small loan from mum.......
What is a small lone 20 50 100 euro or a few grand.?

cnelo

Yes I do have a full time job. I am only talking about the money apart from the house I don't want to include the house. Loan is 2500. She will still lend me this money and I will pay her back if this is going to be an issue. I didn't realise that it wasn't the done thing to take your inheritance. Otherwise why is it set up this way if no one actually does it? Also not including the value of the house my share would be in the region of €25,000. Also I pay rent in the family home and have actually lived out of home for 5 years and supported myself.

page1

cnelo wrote: »

Yes I do have a full time job. I am only talking about the money apart from the house I don't want to include the house. Loan is 2500. She will still lend me this money and I will pay her back if this is going to be an issue. I didn't realise that it wasn't the done thing to take your inheritance. Otherwise why is it set up this way if no one actually does it? Also not including the value of the house my share would be in the region of €25,000. Also I pay rent in the family home and have actually lived out of home for 5 years and supported myself.

I think you should be allowed take the €2500 from liquid assets to pay for the course and then this can be deducted from your share when your mother dies. Your mother will still have the house plus her share of the liquid assets.
Personally I wouldn't look for my full share while one parent is still alive but I think a small sum to pay for something useful is a reasonable request.
Bear in mind the other two siblings may also want this amount if they hear you are getting it, but it still seems a small amount given the assets in question and would be unlikely to cause your mother financial hardship.

Milk & Honey

There seems to be plenty of cash available. You are entitled to 1/9 of the entire estate. If there is €225K cash available your mother should be able to pay you off your share of the cash plus 1/9 of the value of the house. It is your money, you should not take any nonsense from your mother. It is not as if you would be throwing her out on the side of the road in destitution.
Your mother might not like you and when she dies you might find she has left every cent to your waster brother or sister.

wyndham

Was the house not jointly owned?

eigrod

Be conscious that your mother could end up needing care at some stage, which could go on for years and years. The amount of money she has will dictate the quality of care that she will receive.

Sid_Justice

Sorry I must apologise. If one parent dies without a will does the entire estate not pass to the spouse? It was my understanding that the children, once on their own feet, have no legal right to a share of the inheritance.

Sorry i was completely wrong

Children's inheritance rights

Both marital and non-marital children have equal rights to inherit from their parents. However, non-marital children may have the additional burden of having to prove paternity if it is disputed. Children's inheritance rights maybe affected by their deceased parent's marital status.

The children (minor and adult) are entitled to the entire estate divided equally between them if:

there is no will or the will is invalid, and
the deceased parent is not married or his/her spouse is already dead.
But the children are only entitled to one-third of the estate divided equally between them if:

there is no valid will or the will is invalid, and
the deceased parent is married and is survived by his/her spouse.
Children have no absolute right to inherit their parent's estate if the deceased parent has made a valid will. However, if a child considers that he/she has not been adequately provided for, he/she may make an application to court. The child need not be a minor or be dependent in order to use this procedure. The court has to decide if the parent has "failed in his moral duty to make proper provision for the child in accordance with his means". Each case is decided on its merits and the court looks at the situation from the point of view of a "prudent and just" parent. Anyone considering challenging a will on these grounds should get legal opinion before applying to the court.

westies4ever

i think I'd go to the credit union for the loan and leave my mother alone.

SlimCi

I wouldn't if I were you your Mum is best kept as ally and its issues like this that drive families apart. Get a loan from the CU.

cnelo

Yes the house is jointly owned. Like I said before I am not taking in to account the value of the house. I don't have any waster brothers or sisters I don't know what you mean by that.

EI_Flyboy

Ah, only in Ireland would a Mother begrudge their child an education! Is she that short of funds that she's genuinely worried she'll be struggling from one week to the next...? Whatever about keeping your Mum onside, she ought to be thinking of those who will be taking care of her in her dotage, it might be you guys choosing her nursing home after all. It's only sensible(and motherly) that she'd want the best for you guys and that you have a stable footing in life so you can afford only the best of nursing homes for her should that time come!

westies4ever

EI_Flyboy wrote: »

Ah, only in Ireland would a Mother begrudge their child an education! Is she that short of funds that she's genuinely worried she'll be struggling from one week to the next...? Whatever about keeping your Mum onside, she ought to be thinking of those who will be taking care of her in her dotage, it might be you guys choosing her nursing home after all. It's only sensible(and motherly) that she'd want the best for you guys and that you have a stable footing in life so you can afford only the best of nursing homes for her should that time come!

Her husband is barely cold in the ground - i'd say she's feeling a little vulnerable and insecure at present. She probably wasnt expecting the request and may not feel up to dealing with it at present. Bit harsh.

Milk & Honey

If the house was jointly owned it would not pass into the estate. the o/p is entitled to 1/9 of the cash. There seems to be no reason why he should have to waive his rights.

seamus

Unfortunately the "done thing" as I best understand it (though thankfully I don't know many people who've been in this scenario), is to leave the decision on what to do, up to the surviving spouse.

I know people where they've agreed that their mother takes everything until she dies, but I equally know people where the mother insisted that each take their share and use it for whatever.

It seems to me to be a little unfair of your mother to tell you that you're free to do what you want, but then get upset when you do just that.

But there are things in life that are more important than money. Everyone will have tales of an aunt or uncle or brother or sister who've fallen out with their family over matters of inheritance. You can take it for granted that the last thing your father would want is for this to become a big issue between you and your mother. It's only money.

Just bring it up with her again. Ask her to tell you straight if she would prefer that you waived your inheritance. Don't be satisfied if she answers, "Do what you want", because she clearly doesn't mean that.

Fighting Irish

I'm not sure what people usually do but if a parent was still alive, i would never take the inheritance

EI_Flyboy

westies4ever wrote: »

Her husband is barely cold in the ground - i'd say she's feeling a little vulnerable and insecure at present. She probably wasnt expecting the request and may not feel up to dealing with it at present. Bit harsh.

Yeah, I'm just a bit jaded. I've seen parents screw their kids over in these situations before. Still, it is unfathomable to me that a parent wouldn't gladly help their children through college if they had the ability to do so. Unless the OP is a complete waster or the Mother is on the breadline, I don't see why she wouldn't be generous. It would be something positive coming after a very hard time for them all.

Another thing is that by the children taking their share, it lessens the amount the taxman gets his hands on, that is if you're that loathe to give them anything, not that it's very much anyway.

Victor

It may be useful for each of the siblings to take the same amount. While I realise that €2,500 is modest in the scheme of things, one risks the combined inheritances being:

Child 1 (€225,000-€2,500+house)/3 + €2,500
Child 2 (€225,000-€2,500+house)/3
Child 3 (€225,000-€2,500+house)/3

Milk & Honey wrote: »

Your mother might not like you and when she dies you might find she has left every cent to your waster brother or sister.

Not quite - you can't disinherit your children. However, gives transferred previously will be taken into account, e.g. one child is put through college and another isn't, one child is given a site for a house and another isn't.

EI_Flyboy wrote: »

Another thing is that by the children taking their share, it lessens the amount the taxman gets his hands on, that is if you're that loathe to give them anything, not that it's very much anyway.

Spouse-spouse inheritances won't see the tax man get anything, unless there is the like of Stamp Duty to be paid. Even on most estates parent-child inheritances won't see much tax unless a child receives more than about €500,000.

Milk & Honey

Victor wrote: »

Not quite - you can't disinherit your children.

A parent is perfectly entitled to disinherit their child. The o/p could well be left with a lot less that the other siblings. What if the mother re-marries. The new husband could end up with the lot.
it is also odd that there was life assurance etc. and no will. It would not surprise me if there was a will and the o/ps mother managed to suppress it.

seamus

Victor wrote: »

Not quite - you can't disinherit your children.

Pretty sure you can, provided that it's set out in a will and the child being disinherited does not require the parent to make provision for them.

EI_Flyboy

Milk & Honey wrote: »

A parent is perfectly entitled to disinherit their child. The o/p could well be left with a lot less that the other siblings. What if the mother re-marries. The new husband could end up with the lot.
it is also odd that there was life assurance etc. and no will. It would not surprise me if there was a will and the o/ps mother managed to suppress it.

Are there that many of us that live in such fear of their Mammies!? It can't be healthy being so calculating either or is that actually how it is in most families here...? I'd say take the money, pay her back with love, devotion, flowers, chocolates and maybe the odd holiday once you graduate and can afford it!! If there's that much animosity in a family you have to worry about it, might be an idea to take the money, move far far away and never look back

No will isn't unusual with unexpected illnesses, also some people just find the idea morbid, others think they're invincible.

SlimCi

You may not be able to disinherit your children but you can do what my mother did. She took out 90% of the cash out of the bank and gave it to me a month before she died. It wasn't a major amount. She didn't want to leave her second husband a penny! And he got 2/3rds of what was left and I got 1/3 because she died without making a will.

Kosseegan

SlimCi wrote: »

You may not be able to disinherit your children but you can do what my mother did. She took out 90% of the cash out of the bank and gave it to me a month before she died. It wasn't a major amount. She didn't want to leave her second husband a penny! And he got 2/3rds of what was left and I got 1/3 because she died without making a will.

All very well if you know how long you have to live. The second husband could have claimed a resulting trust and gone after the money.
in any case it shows how sly and devious some old women are. The o/p should be very careful.

SlimCi

Not a fair comment about my Mother considering you don't know the circumstances. And people can dispose of their money any way they want to before they die Don't have to be careful, they are both dead.

blueythebear

A parent is perfectly entitled to disinherit their child or children as they wish. Who they grant their property to via will is completely up to them.

However, any child can make an application under S117 of the Succession Act 1965 that their parent failed to make proper provision for them. Not only could this result in that child ending up receiving a share of the estate against the parent's wishes but it could also mean that the value of the estate is significantly depleted by legal costs.

Basically, while you can do it, it's not a good idea to disinherit a child!