Father died - no will

DJB030244

Hi I’m just looking for a bit of advice

Sadly my Dad passed away in January due to Covid.
He had no Will made . I’m one of two sons . My sister passed away and has one daughter . My Mother is deceased
My brother emigrated many years ago and we don’t speak.

Im only now ready to start the ball rolling after a rough time.

Am I best going to a solicitor to sort this out ?
If so what is the cost usually for this kind of thing and is it a simple enough process ?

His house was sold and he had been a resident in a nursing home so no assets bar his bank account


Thanks in advance

athlone573

DJB030244 wrote: »

Hi I’m just looking for a bit of advice

Sadly my Dad passed away in January due to Covid.
He had no Will made . I’m one of two sons . My sister passed away and has one daughter . My Mother is deceased
My brother emigrated many years ago and we don’t speak.

Im only now ready to start the ball rolling after a rough time.

Am I best going to a solicitor to sort this out ?
If so what is the cost usually for this kind of thing and is it a simple enough process ?

Thanks in advance

Sorry for your loss.

Citizen's Information here :
https://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html

Darc19

Looks relatively simple I think

Divided into 3.

33% you
33% your brother
33% your sisters child

148multi

Darc19 wrote: »

Looks relatively simple I think

Divided into 3.

33% you
33% your brother
33% your sisters child

Is it not just the two brothers claims now

athlone573

148multi wrote: »

Is it not just the two brothers claims now

Nope the granddaughter gets her mothers share

ohnonotgmail

Darc19 wrote: »

Looks relatively simple I think

Divided into 3.

33% you
33% your brother
33% your sisters child

148multi wrote: »

Is it not just the two brothers claims now

while it will be divided in 3 who gets the third share is not clear from the information provided. The third share would have gone to the sister but as she is deceased that money forms part of her estate. Her share will be distributed according to her will.

huskerdu

ohnonotgmail wrote: »

while it will be divided in 3 who gets the third share is not clear from the information provided. The third share would have gone to the sister but as she is deceased that money forms part of her estate. Her share will be distributed according to her will.

Thats not actually true. The rules of intestacy are clear . The daughter gets her share.

https://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html#lc8139

3DataModem

ohnonotgmail wrote: »

while it will be divided in 3 who gets the third share is not clear from the information provided. The third share would have gone to the sister but as she is deceased that money forms part of her estate. Her share will be distributed according to her will.

I read it that the sister died before the father.

If the sister died before the father (which is how I read it), then the grandchild gets the sisters share. This is pretty clearly defined in law.

If the father died before the sister, then the sister got the share, it passed to her estate on her death, and her will (or intestacy rules) must apply... which might mean her spouse would get it, or someone else.

ohnonotgmail

huskerdu wrote: »

Thats not actually true. The rules of intestacy are clear . The daughter gets her share.

https://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html#lc8139

that covers how the dads estate is distributed. The sister is entitled to a third share. as the sister is deceased her share forms part of her estate. we don't know if the sister had no will. how her share is distributed is still not clear.

huskerdu

ohnonotgmail wrote: »

that covers how the dads estate is distributed. The sister is entitled to a third share. as the sister is deceased her share forms part of her estate. we don't know if the sister had no will. how her share is distributed is still not clear.

If the sister has died before her father, the rules of succession are followed, not the sisters will.

DJB030244

Hi - sadly my sister died many years ago , my dad died in January
I was under the impression it would be split 3 ways which is good . I don’t actually care about that side , but prefer to get it sorted

But I was wondering am I better getting a solicitor to sort it ? I’ve had to do a lot over the last few years in regards sorting things and caring for my dad and I’m looking for the easiest way to sort .

Baby01032012

Best to go to solicitor. They will be able to quote, id' imagine it might be a c. €2k but best to get quotes. There is a bit of work involved. They have to submit CA24 return to Revenue and extract Probate from the probate office in the high court. Possibly its straight forward if simply a bank account. Mine was complex as both my parents died within weeks of each other and lots of assets to sort title to.

The bank will have a special unit for bereaved customers and will need to freeze the bank account but will pay you for funeral expenses once receipt provided.Take note of any funeral, meal, grave expenses you will need to be paid for. You will be appointed as executor and you along with solicitor will be responsible for passing the net amount to the beneficiaries. If you have difficult situation with your brother best to have solicitor so there is no question over who receives what.

Even if no inheritence tax is payable all beneficiaries will need to make CAT returns to revenue.

Sorry for your loss.

Claw Hammer

ohnonotgmail wrote: »

that covers how the dads estate is distributed. The sister is entitled to a third share. as the sister is deceased her share forms part of her estate. we don't know if the sister had no will. how her share is distributed is still not clear.

That is not the case. That would only apply in the even of a bequest to the sister in a will. In an intestacy there will be 3 stocks. The two surviving brother and the sisters. the sisters will be divided amongst her children. Ast the sister has one cvhild that child will get all her mothers share.
Succession Act 1965.
"(3) Where a deceased person's estate or any share therein is to be distributed per stirpes among his issue, any issue more remote than a child of the deceased shall take through all degrees, according to their stocks, in equal shares if more than one, the share which the parent of such issue would have taken if living at the death of the deceased, and no issue of the deceased shall take if the parent of such issue is living at the death of the deceased and so capable of taking."

0ph0rce0

Baby01032012 wrote: »

Best to go to solicitor. They will be able to quote, id' imagine it might be a c. €2k but best to get quotes. There is a bit of work involved. They have to submit CA24 return to Revenue and extract Probate from the probate office in the high court. Possibly its straight forward if simply a bank account. Mine was complex as both my parents died within weeks of each other and lots of assets to sort title to.

The bank will have a special unit for bereaved customers and will need to freeze the bank account but will pay you for funeral expenses once receipt provided.Take note of any funeral, meal, grave expenses you will need to be paid for. You will be appointed as executor and you along with solicitor will be responsible for passing the net amount to the beneficiaries. If you have difficult situation with your brother best to have solicitor so there is no question over who receives what.

Even if no inheritence tax is payable all beneficiaries will need to make CAT returns to revenue.

Sorry for your loss.

Do you not only have to this if it's over 80% of the thresholds?