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My deceased husband was born in Ireland and was the third of…

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My deceased husband was...

My deceased husband was born in Ireland and was the third of five children His two younger sisters have also died. The youngest sister died in May 2017 in Dublin Ireland. She was single and childless. Once her estate is probated are the children of the deceased brother and deceased elder sister entitled to their portion of the estate.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Dublin Ireland

Lawyer's Assistant: What documents or supporting evidence do you have?

I do not have any documentation. My brother in law (married to the elder sister that died) inquired as to the status of the estate. he was told that the third sister is having the estate probated.

Submitted: 8 months ago.Category: Republic of Ireland Law
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Answered in 13 hours by:
11/12/2017
Solicitor: EULawyer, Lawyer replied 8 months ago
EULawyer
EULawyer, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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Solicitor: EULawyer, Lawyer replied 8 months ago

Dear Customer,

Thank you for your question. If I understand correctly, the deceased was single and childless, and is survived by brothers and sisters only (I assume the parents of the siblings are not alive anymore). Some of the siblings survive, others do not, but have left children.

As long as there is no Will, according to the Irish Succession Act 1965, the heirs receive as follows:

1) The estate is first divided by four (i.e. original number of siblings minus the deceased);

2) Each surviving sibling receives 1/4;

3) The children of each deceased sibling receive the 1/4 divided by their number (so, if there are two, each 1/8).

In other words, the answer to your question is yes, the children of the deceased sibling are entitled to a portion of the estate.

I hope my answer was useful and look forward to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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