Inheritance question

pummice

Married couple have 3 children. All money and property of married couple are in joint names. If one spouse dies intestate, does everything go to other spouse, or do children inherit some of it? thanks

endofrainbow

everything to spouse

Jellybaby_1

Our solicitor said if intestate then spouse with get something like a half or a third and the children would get the rest divided between them, I'm not a hundred per cent sure of the figures but it would be divided. I'd suggest a quick call to your solicitor to make sure OP.

Ideo

https://www.boards.ie/discussion/comment/117706731#Comment_117706731

OP, the first responder is incorrect. Don't believe everything you read on internet forums! I agree with this person, but am not a solicitor so get your own advice.

I believe if there is no will, its 2/3 to the spouse and 1/3rd split between the kids. If kids are under 18, they can't access the inheritance until they reach 18. Have a read of this

http://www.ohanlontax.ie/downloads/MakingaWill.pdf

2ndcoming

https://www.boards.ie/discussion/comment/117706787#Comment_117706787

First of all the exemption threshold is €335k for a child of deceased so when they're wrong on one of the first issues of significance mentioned there I wouldn't take that "guide" too literally.

blackbox

I believe that if the children are not dependents (i.e. are adults), everything in joint names goes to spouse.

Peregrinus

https://www.boards.ie/discussion/comment/117706787#Comment_117706787

The first responder is correct.

If a husband and wife own land or other property as joint tenants, and one of them dies, the property becomes the sole property of the other. It does not form part of the estate of the deceased spouse.

It's only the estate of the deceased spouse which is divided up under the two-thirds, one-third rule. Per the OP, the spouses held all their money and property jointly and, if that's true, the husband's estate is likely nil. So. nothing gets divided up under the two-thirds, one-third rule.

It's possible that a husband and wife would join property jointly, but not as joint tenants, but that's pretty unusual. There would be a reason for it, and you would need clear evidence of it. If it were to be the case that the spouses owned property in this way, then on the death of the husband his share of the property (which need not be 50% of it) forms part of his estate and is divided up under the two-thirds, one-third rule; the wife's share is unaffected.