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Spouse living in Rented accomm.

  • 21-02-2017 10:27pm
    #1
    Closed Accounts Posts: 131 ✭✭


    Would a spouse with no means of their own have any inheritance rights if OH kicks the bucket.


Comments

  • Registered Users, Registered Users 2 Posts: 1,565 ✭✭✭Dymo


    50% and siblings get the rest


  • Registered Users, Registered Users 2 Posts: 2,675 ✭✭✭exaisle


    Dymo wrote: »
    50% and siblings get the rest

    In the event that there's no will, I think its 2/3rds and the rest is shared among the issue\children...


  • Registered Users, Registered Users 2 Posts: 6,807 ✭✭✭Badly Drunk Boy


    exaisle wrote: »
    In the event that there's no will, I think its 2/3rds and the rest is shared among the issue\children...
    And if there are no children, the surviving spouse gets everything.


  • Registered Users, Registered Users 2 Posts: 4,635 ✭✭✭FishOnABike


    If you are referring to any inheritance rights with respect to continuing the tenancy in the rented accommodation I'd suggest ensuring both names are on the tenancy agreement / lease. If only one name is on the tenancy agreement I'd wonder what rights the other person would have in the event of the leaseholder's death.


  • Closed Accounts Posts: 23,646 ✭✭✭✭qo2cj1dsne8y4k


    I don't understand. If you lived in rented accommodation what has that got to do with inheritance


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  • Registered Users, Registered Users 2 Posts: 24,439 ✭✭✭✭One eyed Jack


    somejoke wrote: »
    Would a spouse with no means of their own have any inheritance rights if OH kicks the bucket.


    Inheritance rights to an apartment they're renting?

    No? :confused:


  • Closed Accounts Posts: 4,789 ✭✭✭Alf Stewart.


    It's a long shot, and I'm merely throwing it out there, but if someone croaks it, while in rented accommodation, the landlord will still own 100% of the property.


  • Registered Users, Registered Users 2 Posts: 26,290 ✭✭✭✭Mrs OBumble


    Social housing or private sector tenancy?


  • Moderators, Music Moderators, Society & Culture Moderators Posts: 25,734 Mod ✭✭✭✭Boom_Bap


    Thread has been moved from After Hours to the Separation and Divorce forum.
    There will be much better and accurate advice provided here.

    Please take a read of the charter before posting.


  • Closed Accounts Posts: 131 ✭✭somejoke


    ok maybe I'm not expressing my angle on this very well.

    If a married couple are living in a rented accommodation, where is 'the estate' or assets for inheritance by the surviving spouse. I can't see any.


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  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Some people just have nothing. The estate would be any 'anything owned by the deceased'. My uncle died 2 years ago. He lived with my grandfather. His estate was about €200 in a bank account, €20 on him,a few cd's and some clothes. Total value of estate about €300.


  • Closed Accounts Posts: 23,646 ✭✭✭✭qo2cj1dsne8y4k


    You can't "give" what you don't own. If that was the case nobody would bother buying houses, just give other people's property.

    Also whatever you owe is taken from your estate, i.e. Funeral expenses, and solicitors fees and whatever else you may have outstanding so quite often there may be absolutely nothing left.


  • Administrators, Society & Culture Moderators Posts: 14,907 Admin ✭✭✭✭✭Big Bag of Chips


    somejoke wrote: »
    Would a spouse with no means of their own have any inheritance rights if OH kicks the bucket.

    What do you expect to inherit?
    If the deceased spouse has money in the bank, or a car etc you'd inherit them. But if they don't have anything then there's nothing to inherit. Presumably, they don't own a property if they are renting.


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    somejoke wrote: »
    Would a spouse with no means of their own have any inheritance rights if OH kicks the bucket.
    Inheritance will first of all depend on whether there is a will in place. However, wills can't completely disinherit certain people.

    If there is no will and two people are married and have no children, then the surviving spouse gets everything. If there are children, the surviving spouse gets two thirds and the children get the balance.

    If you are separated or divorced, those rights may be radically altered.

    'Estate' is not limited to real estate, there may be money, pension, savings, investments, personal possessions, etc.

    As the property is rented, the specific circumstances would need to be investigated to see whether the surviving spouse can stay on as of right. However, I can't see many landlords evicting someone who is newly widowed, unless it gets into a non-payment scenario.

    Assuming the surviving spouse qualifies, they may be entitled to a widow(er)'s pension, job seekers allowance or other benefit, possibly with some secondary benefits.

    www.citizensinformation.ie may be able to help you. You can also phone or email them.


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