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Did I Inherit Part of the Family Home When my Parent Died?

  • 26-01-2021 7:03am
    #1
    Urethra Franklin.
    Registered Users, Registered Users 2 Posts: 116 ✭✭


    So one of my parents died when I was aged 18. I just assumed my other parent automatically inherited the house. However, I have heard that in the case of a person's death, their partner inherits 2/3 of the deceased's estate and the children inherit the remaining 1/3. I have a younger sibling who was 16 at the time. Did we inherit part of the house or would it be fully in our other parents name? I was told there was not a will. The mortgage on the house at the time was paid off via a life insurance policy. My sibling was a minor at the time and I was in my LC.


Comments

  • #2
    Sam Hain
    Registered Users, Registered Users 2 Posts: 1,315 ✭✭✭Sam Hain


    No.


  • #3
    Pablo Escobar
    Registered Users, Registered Users 2 Posts: 655 ✭✭✭Pablo Escobar


    Urethra Franklin. wrote: »
    So one of my parents died when I was aged 18. I just assumed my other parent automatically inherited the house. However, I have heard that in the case of a person's death, their partner inherits 2/3 of the deceased's estate and the children inherit the remaining 1/3. I have a younger sibling who was 16 at the time. Did we inherit part of the house or would it be fully in our other parents name? I was told there was not a will. The mortgage on the house at the time was paid off via a life insurance policy. My sibling was a minor at the time and I was in my LC.

    The fractions make no sense without a will. It will generally automatically pass to spouse. If your parents were married, it would have most likely passed to your living parent.


  • #4
    Urethra Franklin.
    Registered Users, Registered Users 2 Posts: 116 ✭✭Urethra Franklin.


    Pablo Escobar wrote: »
    The fractions make no sense without a will. It will generally automatically pass to spouse. If your parents were married, it would have most likely passed to your living parent.

    Thats what I assumed, but someone told me differently today. I found this on the citizens information site about the laws of succession:
    The order in which your estate is distributed in these cases is set out in the Succession Act 1965.

    If you are survived by:

    A spouse or civil partner and children: your spouse/civil partner gets two-thirds of your estate and the remaining one-third is divided equally among your children. If one of your children has died, that share goes to his/her children.


  • #5
    MIRMIR82
    Registered Users, Registered Users 2 Posts: 658 ✭✭✭MIRMIR82


    yes, you are correct. Or at least when it happened to my own family. 1/3 of the inherentence went to us, my dads children. Mam got 2/3's. This was over 20 years ago, so i'm not 100% this is still the case. Now, just to note, this wasn't the family home, it was land. So that could be the difference.


  • #6
    arubamuuu
    Registered Users Posts: 31 ✭arubamuuu


    Succession Act 1965:
    "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).
    ...
    (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."

    Unsure whether Family Home legislation would affect the above.

    You also need to know if the house was ever in both parents' names. There are lots of cases, for many different reasons, where the house is only in the sole name of one parent and if your surviving parent was the sole owner then you wouldn't be entitled to a share.


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  • #7
    Urethra Franklin.
    Registered Users, Registered Users 2 Posts: 116 ✭✭Urethra Franklin.


    arubamuuu wrote: »
    Succession Act 1965:
    "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).
    ...
    (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."

    Unsure whether Family Home legislation would affect the above.

    You also need to know if the house was ever in both parents' names. There are lots of cases, for many different reasons, where the house is only in the sole name of one parent and if your surviving parent was the sole owner then you wouldn't be entitled to a share.

    The house was in both names. They bought it in 2003. When they lived elsewhere my mother has contributed a much higher sum to their initial deposit, however when they moved to this house I believe my father was paying the entirety of the mortgage (my mother may have contributed to the mortgage but it was my father who made the actual payments. My mother then would have stopped contributing in the late 2000s as she went on SW at that time and remained on it until her death).


  • #8
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    If the house is in both names and they signed the deeds as joint tenants, then the property passes immediately to the surviving spouse and is not considered a part of the deceased's estate. This makes it exempt from the one-third rule.

    Who paid what, how much and how often, is irrelevant.

    It would be incredibly rare for a married couple to not buy a property as joint tenants. The solicitor wouldn't recommend it, and the bank would likely not accept it.


  • #9
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    Urethra Franklin. wrote: »
    The house was in both names. They bought it in 2003. When they lived elsewhere my mother has contributed a much higher sum to their initial deposit, however when they moved to this house I believe my father was paying the entirety of the mortgage (my mother may have contributed to the mortgage but it was my father who made the actual payments. My mother then would have stopped contributing in the late 2000s as she went on SW at that time and remained on it until her death).

    If your mother is dead, did she dispose of the house by will or sell it during her lifetime. Were you cut out of your mother's will?


  • #10
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,025 ✭✭✭3DataModem


    Urethra Franklin. wrote: »
    The house was in both names..

    If it is in both names, so it is not part of the estate. It was not 'passed' to anyone.


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