michael otter
Registered User
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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.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.
Has she assumed the role or actually taken out a grant of representation ? I don't think so.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.
Try to get a trusted mediator involved first.
I would avoid engaging solicitors. That approach is unlikely to have the desired affect.
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.
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 troubleProbably 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.
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