Granny died 50 years ago, no probate taken out for her home

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lolly11

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my grandmother passed away 50 years ago and left no will. she had 2 sons and my father who was living with her before she passed with my mother and 4 children, has lived in the house ever since.
He has never put the house in his own name and has lately started this process , his solicitor has started probate to clear this up. His brother , they are now 80 + said he would sign a document to waive his rights to his share of the house. He has now sent my father a solictors letter asking for a payout of €15000 before signing anything.
My question is does he have a right after all these years to anything? Can my dad or mother claim squatters rights ?
Should his solicitor advised him of this?
 
He had a legal right to his half of the house as per the law. Seeing as its 50 years there may be some comeback. My advice would be to try and sort it as quick as possible. 15k sounds cheap but why do you think its the solicitor that's feeding this ? The legal fees could be 5k for your uncle just to do all this btw.
 
Has your father offered to pay all legal fees involved? Other than that I'd imagine he is entitled to something but depending on his position financially it would be nice if he did it for nothing but then again maybe a few bob would be handy to him. Has he family that might think he's mad to just give it away! In fairness your family have had a good deal for a long time, I don't think I'd begrudge the brother a few bob if he is in need of it.
 
Yes beneficiaries entitlements to sue for a lawful share of an estate can be statute barred after the elapse of time under formerly the Statute of Limitations 1957 and now under the Succession Act,1965.
It sounds like your relative is looking for €15,000 to sign a deed of disclaimer. Surely his intestate share is worth significantly more?
That sounds like a reasonable sum to pay him to waive his rights under the intestacy.
Alternatively you could apply for adverse possession / squatters rights.
Seek the advice of a good solicitor.
 
Brother is statute barred from any claim. His solicitor has surely told him this?

The fact the brother is asking for money is pretty poor form given the time lapse. I suspect that request is coming from an adult child.

What is the impetus to now sort out the legal title and will it affect anything if left as is.

Claims Against Estate - Irish Legal Guide

Claim to Estate A claim to the estate of a deceased person, whether under a will or intestacy, must be bought within six years of the date when the right to receive the share or interest accrues. This limitation does not apply to an action taken by a personal representative in order to recover...
legalguide.ie legalguide.ie

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Probate Claims by Children | Carmody Moran Probate Solicitors

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