I would be grateful for some advice on inheriting from parents who die intestate. My Mother passed away last year and my Father is currently very ill and unlikely to survive for long. My Mother died intestate and her estate was never regularised afterwards as there didn’t seem to be a huge need for it. My Father never made a will either. The estate wouldn’t be very large, it consists of the family home and some bank/credit union accounts that they held both singly and jointly.
However, things became more complicated when my youngest sister recently announced that my parent’s house was signed over to her a number of years ago. This came as a surprise to me and our two other siblings. My youngest sister never left home although she has always worked in a secure public service job and could have supported herself. Although living with our parents she did very little to help them and was always waited on hand and foot by our Mother.
From what she says, however, the deeds to the house were never put in her name. I would have thought that the solicitor who arranged for the transfer of the property would have arranged for the registration of the deeds in my sisters name. Furthermore, to avoid problems down the line, surely the solicitor would have advised my parents to make wills ensuring that their other three children were provided for? This makes me question whether the property was in fact legally transferred to my sister. Is it possible for this to have happened without the deeds being registered in her name?
If it turns out that she is now the legal owner of the house and my siblings and I find ourselves at a financial disadvantage when our Father passes away, will it be possible for us to challenge the transfer of the house under Section 117 of the Succession Act?
However, things became more complicated when my youngest sister recently announced that my parent’s house was signed over to her a number of years ago. This came as a surprise to me and our two other siblings. My youngest sister never left home although she has always worked in a secure public service job and could have supported herself. Although living with our parents she did very little to help them and was always waited on hand and foot by our Mother.
From what she says, however, the deeds to the house were never put in her name. I would have thought that the solicitor who arranged for the transfer of the property would have arranged for the registration of the deeds in my sisters name. Furthermore, to avoid problems down the line, surely the solicitor would have advised my parents to make wills ensuring that their other three children were provided for? This makes me question whether the property was in fact legally transferred to my sister. Is it possible for this to have happened without the deeds being registered in her name?
If it turns out that she is now the legal owner of the house and my siblings and I find ourselves at a financial disadvantage when our Father passes away, will it be possible for us to challenge the transfer of the house under Section 117 of the Succession Act?