Father in law what happens

Annabananna

My father in law died last month himself and wife whose living have 200k in cash and a house. No will was made two adults kids. My mother law has told both kids she now owns everything. I and husband agree his sister says it goes to probate huge row ongoing any idea if myself and hubs and right?

Avatar MIA

Annabananna wrote: »

My father in law died last month himself and wife whose living have 200k in cash and a house. No will was made two adults kids. My mother law has told both kids she now owns everything. I and husband agree his sister says it goes to probate huge row ongoing any idea if myself and hubs and right?

Legally she's wrong if he died intestate. One third of his estate should be split among the children. Personally I'd think it bad form, but that's the law.

Edit. huskerdu explains it better.

huskerdu

If the house and savings were jointly owned by the man and his wife, they pass to his wifes ownership automatically.

Any assets that were owned by him,and not jointly owned will be distributed according to the rules below.

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.htm

I'm sorry to hear the family are rowing, its sad at time like this.
The row is very easily solved by a visit to a solicitor with all the information about the bank accounts and house ownership.

Annabananna

So my sister in law is right who will tell my mother law this will bank or do the kids have to

Avatar MIA

Annabananna wrote: »

So my sister in law is right who will tell my mother law this will bank or do the kids have to

Read the post above yours. It's still not clear, depends on how the assets were owned.

Kristopherus

Annabananna wrote: »

So my sister in law is right who will tell my mother law this will bank or do the kids have to

Can you rephrase that, please?

ezra_pound

Annabananna wrote: »

My father in law died last month himself and wife whose living have 200k in cash and a house. No will was made two adults kids. My mother law has told both kids she now owns everything. I and husband agree his sister says it goes to probate huge row ongoing any idea if myself and hubs and right?

67.—(1) If an intestate dies leaving a spouse and no issue, the spouse shall take the whole estate.

(2) If an intestate dies leaving a spouse and issue—

(a) the spouse shall take two-thirds of the estate, and

(b) the remainder shall be distributed among the issue in accordance with subsection (4).

(3) If an intestate dies leaving issue and no spouse, his estate shall be distributed among the issue in accordance with subsection (4).

(4) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.

huskerdu

Annabananna wrote: »

So my sister in law is right who will tell my mother law this will bank or do the kids have to

Do you know if the house and savings were in his name , or jointly owned ?

If the savings are in a bank, the bank is very unlikely to release €200K without probate.
Do they know he has died. The will freeze the account as soon as they know that.

Annabananna

I just asked my husband it seems all assets in joint names so sister in law is then wrong kids gets nothing wife gets it all

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Annabananna wrote: »

I just asked my husband it seems all assets in joint names so sister in law is then wrong kids gets nothing wife gets it all

As it should be. Ye'll get it eventually.

4ensic15

Annabananna wrote: »

I just asked my husband it seems all assets in joint names so sister in law is then wrong kids gets nothing wife gets it all

Yes. All assets pass by survivorship to the wife. It would be the same if he had made a will leaving everything to the wife.

Annabananna

There is 18 k in bank they know he has died as far as I know account not affected rest is in saving carts with an post death certificate has gone to them this week

4ensic15

Annabananna wrote: »

There is 18 k in bank they know he has died as far as I know account not affected rest is in saving carts with an post death certificate has gone to them this week

I never heard of saving certs in joint names.

Avatar MIA

4ensic15 wrote: »

It would be the same if he had made a will leaving everything to the wife.

And be nice to her. If there has been a kerfuffle and bad blood, she might make a will!

Annabananna

My husband was told by his mam the saving carts in joint names I don't know anymore

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Annabananna wrote: »

My husband was told by his mam the saving carts in joint names I don't know anymore

She's hardly the most objective person now is she. Although, my previous advice still stands.

tina1040

Why should his wife not have the money and house? They were married i.e partners in everything.

To Elland Back

Came across a family situation recently where no will can be found, if there is one at all. Terrible hassle & upset for those behind trying to sort it. Myself & herself are in on Wednesday to do our wills. Our boys have been told what's going in it, but it needs to go down in writing, as I don't want them to have to sort out our affairs

Pro Hoc Vice

4ensic15 wrote: »

I never heard of saving certs in joint names.

http://www.irishstatutebook.ie/eli/2007/si/827/made/en/print

Mentions joint a number of times.

ezra_pound

4ensic15 wrote: »

Yes. All assets pass by survivorship to the wife. It would be the same if he had made a will leaving everything to the wife.

Well... only 2/3rds of his estate. The rest goes to children.

December2012

ezra_pound wrote: »

4ensic15 wrote: »

Yes. All assets pass by survivorship to the wife. It would be the same if he had made a will leaving everything to the wife.

Well... only 2/3rds of his estate. The rest goes to children.

Nope. If it is owned jointly then all of it passes by survivorship to the other joint owner, in this case the wife. OP Is the wife the biological or adoptive mother of your spouse and the sister?

Pro Hoc Vice

ezra_pound wrote: »

Well... only 2/3rds of his estate. The rest goes to children.

Unless all assets held jointly. It has been discovered that may very well be the case here.

P. Breathnach

4ensic15 wrote: »

I never heard of saving certs in joint names.

I have.

Padster90s

My Grandad died leaving no will, nobody was looking for anything but my Grandmother wanted everything to be above board. Her and her children all went to a lawyer and he advised them that the best thing to do was for my Grandmother to have a life interest for her so, legally when she died her kids automatically got an equal share of everything. Have a talk with the sister, I know families where one sees $$$ when a parent dies and it causes nothing but trouble that is never sorted out. Maybe politely tell her to cop on and support her mother.

smjm

Out of interest, given the gist of this thread: if a husband and wife have joint names on their house and bank accounts, but the husband has a car registered in his name only, what happens if the husband dies leaving everything to his wife in a will? Does the wife need to go through probate simply to get the car into her name?

barman linen

4ensic15 wrote: »

Yes. All assets pass by survivorship to the wife. It would be the same if he had made a will leaving everything to the wife.

Could I clarify if any action is required in this situation if a will existed ? Does the will of the deceased parent have to be formally read, probated etc or can the spouse now carry on with ownership of all the assets ?

My father died recently and my parents had mirror wills leaving everything to each other. Does my mother need to do anything formally or just carry on?

I realise she now needs to write another will.

December2012

She should go talk to a solicitor to confirm the situation.

brian_t

barman linen wrote: »

My father died recently and my parents had mirror wills leaving everything to each other. Does my mother need to do anything formally or just carry on?

Would that not be a decision for the executor.