no will three arguing siblings

Discussion in 'Wills, inheritances and gifts' started by michael otter, May 15, 2017.

  1. michael otter

    michael otter New Member

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    Hi I apologize if this is a bit of a ramble. Basically my mother passed away a few years ago. Left no will and my sister decided to take it upon her self to deal with the house. She thought she would have right of way to claim the house. She engaged with a company who contacted me and asked if I was willing to forfeit my right to the house. I said no. The house is sitting empty my sister and brother adamant that I shouldn't get anything from the house.

    What are my legal rights, I though if no will was left then the house could be sold and the profit split equally?

    I've tried talking to my brother and sister but we don't get on.

    Any advice apprecaited
     
  2. Brendan Burgess

    Brendan Burgess Founder

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    Generic advice on askaboutmoney would not really be suitable for such a problem.

    You should consult a solicitor.

    Brendan
     
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  3. huskerdu

    huskerdu Frequent Poster

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  4. Mags0709

    Mags0709 Registered User

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    Legally you have as much right to the house as they do under section 67 (3) and (4) of the 1965 Succession act.

    '(3) If an intestate dies leaving issue and no spouse, his estate shall be distributed among the issue in accordance with subsection (4).

    (4) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.'

    Unless you disclaim in writing under the law you are entitled to one third of the proceeds on sale. Your sister can apply for grant of representation (i.e. act as executor) but her wishes cannot trump Irish law. If the house is sold you are entitled to one third of the profits after costs and if applicable CAT.
     
  5. Gordon Gekko

    Gordon Gekko Frequent Poster

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    Why do they think that you should get nothing?
     
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  6. DeeKie

    DeeKie Frequent Poster

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    Brendan is completely right. By all means read up on the topic but make an appointment to see a solicitor today. Make sure to check that the solicitor deals with probate matters.
     
  7. john luc

    john luc Frequent Poster

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    Looks like you will need a solicitor but if there is no will then the assets are divided equally unless you want to renounce you entitlement which your sister wants. Try again to speak to them and point out that if ye all have to get a solicitor then the result will still be the same but all 3 of you will have to pay for engaging 3 solicitor's.
     
  8. Dr.Debt

    Dr.Debt Frequent Poster

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    Try to get a trusted mediator involved first.

    I would avoid engaging solicitors. That approach is unlikely to have the desired affect.
     
  9. PMU

    PMU Frequent Poster

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    It would be prudent to draw the attention of your sibling , who has assumed the role of personal representative, to the time allowed for distribution of the estate, as provided for by section 62 Time allowed for distribution of the Succession Act 1965 http://www.irishstatutebook.ie/eli/1965/act/27/section/62/enacted/en/html#sec62.
     
  10. JoeRoberts

    JoeRoberts Frequent Poster

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    You need to be proactive here and take the lead. They will mess you around if they get the grant of representation, delaying sale and distribution etc.
    See a solicitor
    Has she assumed the role or actually taken out a grant of representation ? I don't think so.
    If not then OP should look to take one out himself.
     
  11. T McGibney

    T McGibney Frequent Poster

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    How on earth is the OP to be advised of their legal rights and responsibilities here if they don't engage a solicitor?
     
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  12. Dr.Debt

    Dr.Debt Frequent Poster

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    Not following you Tommy.................
    No need to engage a solicitor to confirm that your mother has died intestate and that you are entitled to 1/3 of the estate.
    Setting two or three solicitors loose on each other is (in my experience) unlikely to get the desired outcome in a family situation such as this and can cause irreparable harm to the relationships of the parties. A sensible family friend, trusted by all parties or a seasoned mediator is more likely to have the necessary skills and respect to resolve the matter in the best possible way."Legal rights and responsibilities" are one thing, Dispute resolution is something else. No need to go near any Solicitor until all other avenues are exhausted.Just my opinion by the way.
     
  13. Leper

    Leper Frequent Poster

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    Probably an unhelpful reply coming up. But, reading between the lines it appears there is more to this than meets the eye. Also, I respect the rights and opinions of the OP.

    Parents of three siblings died some years ago near me leaving a will with entitlement to the siblings. Two were abroad and one stayed at home. The guy who stayed at home looked after the property, built an extension, modernised etc.

    The other two came after the third and demanded their share from sale. This happened when property was at its lowest during the recession. The house was sold for a song and the proceeds divided three ways after the solicitors received their cut.

    None of the siblings now owns a house and probably never will. The demanding two still live abroad and the stay-at-home guy rents a flat.

    The results of all this are:- (a) There is no "family" base. (b) Each is worse off. (c) Probably too much division between siblings will result in no reconciliation.

    I can imagine some of the contributors here shouting "Hey Lep, get off the bus . . ."

    But, the remains of a decent family have been consigned to lifetimes of hurt and all because of the cheap proceedings of the sale of a house.

    There is such a thing as a will (even when there is no will) [Lep, you're losing it again!]. There is also the spirit of what the deceased parents intended. My advice to the OP is to contact each sibling. There may be lots of hurt over the years. Hurt is better resolved between family rather than in a solicitor's office where there will only be one winner - the solicitor.
     
  14. T McGibney

    T McGibney Frequent Poster

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    Last edited: May 19, 2017
    You have a weird understanding of the primary function of a solicitor which is to advise their client on their particular situation based on the law as it applies to that situation.

    The idea that hiring one for this purpose will trigger an automatic and irreversible descent into a huge legal battle is thankfully groundless.
     
    Last edited: May 19, 2017
  15. Vanessa

    Vanessa Frequent Poster

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    I have seen such a situation a number of times. Also what happens is the person in residence often modernises the property e.g. new kitchen, double glazing, insures and minds the property and grts no recognition for same. Bottom line really is that married siblings show more loyalty to spouses than blood relations. The spouses are often the ones causing the trouble