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  #1  
Old 26-06-2006, 11:41 AM
dodo dodo is offline
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Default If one parent dies

Just woundering if one parent dies, You know where a parent dies and it is said 1/3 of house is for kids, does this mean that if parent who is left sells the house they must give 1/3 of profit to kids,
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  #2  
Old 26-06-2006, 12:06 PM
mf1 mf1 is offline
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Default Re: If one parent die's

Like so many things - it depends. Was there a will? What are the precise terms of the will? Was there no will? Can remaining spouse seek to appropriate family home ? What do family wish to do?

mf
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  #3  
Old 26-06-2006, 01:29 PM
cjh cjh is offline
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Default Re: If one parent die's

In the absence of a will, the spouse 'inherits' 2/3 of assets with the remaining 1/3 to be shared equally between children.
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  #4  
Old 26-06-2006, 04:49 PM
dodo dodo is offline
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Default Re: If one parent die's

Does that mean that a child could then force sell of house to get their share if no will was made
Quote:
Originally Posted by cjh
In the absence of a will, the spouse 'inherits' 2/3 of assets with the remaining 1/3 to be shared equally between children.
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  #5  
Old 26-06-2006, 04:57 PM
jpd jpd is offline
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Default Re: If one parent dies

In theory, yes.

If a will is made then 100% could be left for spouse. Children would have a right to apply to court for a share of estate but they have no guarantee that the court would give them anything - it would depend on the circumstances.
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  #6  
Old 26-06-2006, 08:44 PM
europhile europhile is offline
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Default Re: If one parent dies

Is this hypothetical?
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  #7  
Old 27-06-2006, 11:19 AM
dodo dodo is offline
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Default Re: If one parent dies

Yes
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Originally Posted by europhile
Is this hypothetical?
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  #8  
Old 28-06-2006, 03:37 PM
cjh cjh is offline
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Default Re: If one parent dies

AFAIK If the 'child' is over 18 then they could - best confirmed with a solicitor!
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  #9  
Old 28-06-2006, 04:35 PM
ClubMan ClubMan is offline
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Default Re: If one parent dies

In such a case does the FHPA have any bearing on matters?
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  #10  
Old 28-06-2006, 06:01 PM
dats_right
 
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Default Re: If one parent dies

No would be the answer club man. The FHPA purpose is to render void any 'conveyance' of any interest by one spouse without the prior consent in writing of the other spouse. Conveyance does not include the devolution of property on death.

Essentially, it boils down to whether there exists a valid will dealing with the deceased parents estate. If there is a will and the testator left nothing to the kids, then the only recourse is a s117 application (i.e that the parent failed in their moral duty to provide for the child), but there is quite strict time limit for bringing an application (6 months- I think). If the parent died intestate than the position, is that 2/3 of the estate goes to other spouse and the other 1/3 is to be divided by the kids. If you are chasing your % of the 1/3 share you will probably need the help of a solicitor.
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  #11  
Old 28-06-2006, 06:24 PM
ClubMan ClubMan is offline
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Default Re: If one parent dies

Thanks - just wondering.
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  #12  
Old 25-07-2006, 07:22 PM
Gordanus Gordanus is offline
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Default Re: If one parent dies

And if the will made was madly unfair, with everything left to one adult child, a life-interest in the house to the spouse but the adult 'children' who cared for the parent through his/her illness got nothing? Just interested as keep hearing about families being torn apart over wills that seem really unfair. You'd wonder what makes the testators do it.
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  #13  
Old 25-07-2006, 08:21 PM
jemmi jemmi is offline
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Default Re: If one parent dies

Just to give you a range of the variables

http://www.rip.ie/menu.asp?menu=342
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  #14  
Old 06-08-2006, 04:51 PM
sweet bear sweet bear is offline
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Default Re: If one parent dies

just on that note, my mam died recently she made no will, i live in the family home, my brother moved out 2 years ago, Is he entitled to move back in? or can I sell and give him is share?
sweet bear
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