father died intestate get one third of savings

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mcriot29

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ok my father died he made no will so i get one third of the house and my mother the r est how about savings he had am i entitled to one third of those savings even if they where in my mothers and his name at time of death
reason i need to know is if this is correct i can apply for inhertance tax at last years higher amount rate as he died last april when it was 414 grand now its 332 grand so its droped a lot
 
mcriot29 said:
ok my father died he made no will so i get one third of the house and my mother the r est how about savings he had am i entitled to one third of those savings even if they where in my mothers and his name at time of death
reason i need to know is if this is correct i can apply for inhertance tax at last years higher amount rate as he died last april when it was 414 grand now its 332 grand so its droped a lot
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Your fathers estate is only the assets which he owned outright. Jointly held assets do not form part of the estate.

If your parents had a joint savings account, then the account reverts to your mother on his death regardless. You will not inherit any part of it.

You will inherit 1/3 of the house, if he owned it and not if it was jointly owned.
 
huskerdu said:
Your fathers estate is only the assets which he owned outright. Jointly held assets do not form part of the estate.

If your parents had a joint savings account, then the account reverts to your mother on his death regardless. You will not inherit any part of it.

You will inherit 1/3 of the house, if he owned it and not if it was jointly owned.
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With regards to the family home does the Family Protection Act protect the OP's mother and allow her to keep her home...........or would she have to sell it .....just wondering how that works
 
My understanding, and i am not a solicitor, is that a spouse can seek the family home on the basis of her legal right, 1/3 rd share. However if the family home is valued at more than 1/3 rd of the estate then, in the absence of agreement, she can either pay the difference into the estate or ask the Court to accept what she is willing to offer if anything. The Court will do everything possible to protect the family home for the surviving spouse and children.
 
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