Sign over family home

POC said:
I'm puzzled about the family farm - how could your brother inherit if from your dad if your mum is still alive as she would've owned it jointly if they were married?
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POC said:
(Again I could be making wrong assumptions in the absence of more information).
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You clearly are.

Not all assets held by people who happen to be married are jointly owned.
 
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Number11 said:
I haven't been on here for a while!
Just to say that my situation has become increasingly worse!! We still don't have the property in our name, my mother is still living with the help of carers, my brother who inherited family farm has decreased his half of the payment for carers. I have threatened Nursing Home but it has just made matters ten times worse. You see I do not know who is next of kin or who has power of attorney. My mothers little bit of savings are gone towards paying for her care. I just want to leave now with nothing for the sake of a bit peace for us.
Is there any way out for us here??
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I would not normally be so harsh on posters but to call a spade a spade, people replying to this thread have been very helpful to-date, but it is really a pointless exercise with so many questions not answered and so little information provided, despite many requests.

To return today 15 months later and start the guessing game all over again is ridiculous at this stage.
 
Number11 said:
We have been living in family home for 15+ years but it still is not in our name. Is it possible to do so without going through the main solicitor? We were told incorrect information when moving in.
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You need to get legal advice. You also need to know that you will have to be clear about when you moved in etc. There is provision for you to live with parent and recieve tax advantages for this if you recieve house but there are also provisions for your residence being seen as a taxable benefit at market rate. So your 15 years of rent free living would be assessed at market value for each year you lived there. There is a mechanism called consideration which can be used to offset costs you paid for in that period.
You need to get legal advice.
I assume the farm was done through solicitor/ green cert arrangement?
 
POC said:
I'm puzzled about the family farm - how could your brother inherit if from your dad if your mum is still alive as she would've owned it jointly if they were married? (Again I could be making wrong assumptions in the absence of more information). If your brother inherited the farm did you inherit anything? Maybe you inherited the house you're living in and your mother has a life interest?
I don't like the expression about threatening a nursing home. Whose choice is it for your mother to live at home with carers - yours or hers? It's the Public Health Nurse who would decide if her needs are high enough to apply for Fair Deal. Otherwise she'd have to pay the full cost of a nursing home
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You can do that while parent is alive provided you meet criteria.

What are the conditions for Agricultural Relief?

This page explains the requirements for relief from CAT on a gift or inheritance of agricultural land or property
www.revenue.ie www.revenue.ie
 
ThisisMax said:
You need to get legal advice. You also need to know that you will have to be clear about when you moved in etc. There is provision for you to live with parent and recieve tax advantages for this if you recieve house but there are also provisions for your residence being seen as a taxable benefit at market rate. So your 15 years of rent free living would be assessed at market value for each year you lived there. There is a mechanism called consideration which can be used to offset costs you paid for in that period.
You need to get legal advice.
I assume the farm was done through solicitor/ green cert arrangement?
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Highly unlikely to be an issue.
 
Very odd thread.
  1. Original poster and spouse (and family?) have been living with mother in the mother's house for 16+ years
  2. Original poster will inherit the property on mother's death - but seems to want it signed over now and wants to know how to go about doing this? Others have explained how this can be done but only with agreement by the mother or her relevant representatives if she is incapable of making such a decision independently.
  3. Original poster is claiming that they were misadvised on something by somebody but what and who is completely unclear.
  4. Brother previously inherited the family (?) farm and is not contributing to the costs involved in caring for the mother in her home. It's not clear if there is some reason that he is obliged to do so other than filial devotion.
  5. "I have threatened Nursing Home but it has just made matters ten times worse" - I'm not sure who was threatened here but this sounds very worrying when there is a presumably vulnerable person (the mother) in the middle of all of this!
  6. "You see I do not know who is next of kin or who has power of attorney." - can't your mother tell you? Why do you think that anybody has power of attorney? If she is not mentally capable of managing her affairs and there is no powere of attorney in place then making her a ward of court may be the alternative step?
  7. "I just want to leave now with nothing for the sake of a bit peace for us." - To paraphrase another poster "what's stopping you?"
  8. If the mother cannot cope alone and needs extensive/full time care that cannot be provided by the family then perhaps it is time for her to go into full time nursing home care? Isn't the Fair Deal Scheme made for this sort of situation?
But, as others keep saying, the lack of precise detail about this matter is resulting in a lot of guesswork on the part of other posters.
You probably should get independent legal advice as suggested much earlier.
 
T McGibney said:
Highly unlikely to be an issue.
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It was for us. We had penalties, market rate calculations verified by an estate agent and auctioneer, a survey, return to revenue of all calculations. Consideration in the form of refurb we did was offset. If they cant sign over house and were not her carer they can be liable for the rent as a gift if their thresholds are exhausted.
 
ThisisMax said:
It was for us. We had penalties, market rate calculations verified by an estate agent and auctioneer, a survey, return to revenue of all calculations. Consideration in the form of refurb we did was offset. If they cant sign over house and were not her carer they can be liable for the rent as a gift if their thresholds are exhausted.
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For living with your parent or parent-in-law throughout which time you presumably contributed to the running and general upkeep of the house?

It's difficult to comment meaningfully in the absence of detail but I'm amazed that this could have happened.

Did you get professional tax advice and representation?
 
T McGibney said:
For living with your parent or parent-in-law throughout which time you presumably contributed to the running and general upkeep of the house?

It's difficult to comment meaningfully in the absence of detail but I'm amazed that this could have happened.

Did you get professional tax advice and representation?
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It seems you have to have house signed over in a certain period of time and reside in it afterwards after the disponer has left the house.
 
ThisisMax said:
You need to get legal advice. You also need to know that you will have to be clear about when you moved in etc. There is provision for you to live with parent and recieve tax advantages for this if you recieve house but there are also provisions for your residence being seen as a taxable benefit at market rate. So your 15 years of rent free living would be assessed at market value for each year you lived there. There is a mechanism called consideration which can be used to offset costs you paid for in that period.
You need to get legal advice.
I assume the farm was done through solicitor/ green cert arrangement?
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Thanks ro
 
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