First of all thanks a lot for taking time out to reply.To your case:
- what were the circumstances of his acquiring use of property?
- was there any acknowledgement by him that the house is all of ours etc?
- you can see where this is going..
- more facts better answer.
On the bare minimum - maybe adverse possession.
Hope this helps as it tells you what the concept is.
At a guess I would say that the house wasn't a very high value c. 15 years ago & divided by 6 wouldn't have amounted to a huge amount of money.
In the mean time youngest sibling is taking care of property (granted living rent free) and house price rises have now made it worth while to look to sell...
Who was the executor of the will? Was probate completed?
The rent free bit is interesting because if the house is deemed to be owned by the 6 sibs and the young one has been living there rent free, there is a possible gift tax implication for him as outlined in this link
http://www.revenue.ie/en/tax/cat/guide/free-property-loans.html
As suggested earlier, was probate granted and who name(s) are on the deed?
a search for the ownership is a cheap enough exercise
Also, as he had acknowledged that they all own the house, his claim will not be successful.Adverse possession is probably what he was advised about in the past,having read a bit about it it sounds like he'd have to claim sole possession of the house.can't see him going down that road because he has always acknowledged that they all own the house.
I think he just assumes that because he's more than 12 yrs living in the house unopposed he can't be touched.
I don't see how a gift tax issue arises, unless the annual mkt value rent of the house exceeds 18k it's not even going to eat into the threshold amount.
Be interesting if the 5 lose out on their cut due to the failure of the executor to do the paperwork in time will the Gang of 4 have a cut at the executor for the financial loss.the father is 17 years dead and as far as i know the eldest daughter is executor.
the house is still in the father's name.
What about him buying his siblings out? Would he be in a financial position to do this?
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