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Home being sold

  • 29-05-2014 4:09pm
    #1
    holdmybeer
    Registered Users, Registered Users 2 Posts: 126 ✭✭


    Hello,
    just looking for some advice.
    Basically family home is being sold by lawyers according to the will. I am still living inside the house but can they sell it while i'm still living in it?
    I was minding the father for the last 8 yrs, the home is divided equally between four children, one is handicapped so the lawyer speaks for her. He's not looking out for her best interest just his % so he pushed sale. Scum tbh.

    TL;DR
    lawyers forcing sale via will, can they remove someone still living there?

    Thanks.


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,498 ✭✭✭✭coylemj


    Since you seem to be pushing a moral argument here, what is your solution to the situation - that you be allowed to remain in the house for the rest of your life? What about the entitlements of the other people left a share of the house in the will?

    Assuming that you are one of the four children you mention, that means that you have been left one-quarter of the house. Unless you can buy out your siblings, they are entitled to the sale of the house to realise their legacies. Technically the person selling the house is the executor of the estate which is not necessarily the solicitor, more like one of your brothers or sisters so I wouldn't be rushing to call the solicitor a scumbag.


  • #3
    Valentine1
    Registered Users Posts: 434 ✭✭Valentine1


    holdmybeer wrote: »
    Hello,
    just looking for some advice.
    Basically family home is being sold by lawyers according to the will. I am still living inside the house but can they sell it while i'm still living in it?
    I was minding the father for the last 8 yrs, the home is divided equally between four children, one is handicapped so the lawyer speaks for her. He's not looking out for her best interest just his % so he pushed sale. Scum tbh.

    TL;DR
    lawyers forcing sale via will, can they remove someone still living there?

    Thanks.

    You should see independent legal advice from your own solicitor.

    Lawyers act on the instructions of clients.


  • #4
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    holdmybeer wrote: »
    Hello,
    just looking for some advice.
    Basically family home is being sold by lawyers according to the will. I am still living inside the house but can they sell it while i'm still living in it?
    I was minding the father for the last 8 yrs, the home is divided equally between four children, one is handicapped so the lawyer speaks for her. He's not looking out for her best interest just his % so he pushed sale. Scum tbh.

    TL;DR
    lawyers forcing sale via will, can they remove someone still living there?

    Thanks.

    It was the declared wish of the father that the house be shared among the four children. You will be entitled to your share in accordance with the will.
    However unless all the other parties agree not to sell then the execution of the will in accordance with the wishes of the deceased must go ahead.


  • #5
    holdmybeer
    Registered Users, Registered Users 2 Posts: 126 ✭✭holdmybeer


    coylemj wrote: »
    Since you seem to be pushing a moral argument here, what is your solution to the situation - that you be allowed to remain in the house for the rest of your life? What about the entitlements of the other people left a share of the house in the will?

    Assuming that you are one of the four children you mention, that means that you have been left one-quarter of the house. Unless you can buy out your siblings, they are entitled to the sale of the house to realise their legacies. Technically the person selling the house is the executor of the estate which is not necessarily the solicitor, more like one of your brothers or sisters so I wouldn't be rushing to call the solicitor a scumbag.

    Only person who wanted the sale was the trustee, lawyer, acting on my sisters behalf. Family agreed to rent out until value went up. Its insane to sell property when the market is this low.


  • #6
    the_syco
    Registered Users, Registered Users 2 Posts: 37,306 ✭✭✭✭the_syco


    holdmybeer wrote: »
    the home is divided equally between four children, one is handicapped so the lawyer speaks for her. He's not looking out for her best interest just his % so he pushed sale.
    Who looks after the handicapped child atm, and who will look after her if the house is sold? Will she be given care should the house be sold, with the money from the house share?


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  • #7
    holdmybeer
    Registered Users, Registered Users 2 Posts: 126 ✭✭holdmybeer


    the_syco wrote: »
    Who looks after the handicapped child atm, and who will look after her if the house is sold? Will she be given care should the house be sold, with the money from the house share?

    Shes on state benefits, she's been living in a camphill community for 10 years, she's well looked after, we take turns giving her mini holidays every two months. Despite the severe epilepsy and autism she is quite happy.

    The house sale will be her nest egg for the future, the rest of us are working so were ok.
    Thats why we were going to rent 1) to supplement her benefits, 2) extra income for the rent for the rest of us and 3) when the value went up we could sell. Win, win.

    It looks like its pointless though, im sure they can just evict me and I don't want to drag things out.
    Got a job offer in England recently so it might be for the best.
    I will have to talk to lawyer first though just to make sure there is no other way.


  • #8
    the_syco
    Registered Users, Registered Users 2 Posts: 37,306 ✭✭✭✭the_syco


    holdmybeer wrote: »
    the home is divided equally between four children
    Check with your solicitor to see if you can block the money-greedy solicitor with a 3 to 1 vote? Also, have your solicitor check with the solicitor who is selling, and see if there's any leeway. I say your solicitor, as I think you may become unintentionally hostile towards the solicitor acting for your sister. This may burn bridges which you don't really want. Also, find out if the solicitor has anyone lined up, and if so, check for connections.


  • #9
    holdmybeer
    Registered Users, Registered Users 2 Posts: 126 ✭✭holdmybeer


    the_syco wrote: »
    Check with your solicitor to see if you can block the money-greedy solicitor with a 3 to 1 vote? Also, have your solicitor check with the solicitor who is selling, and see if there's any leeway. I say your solicitor, as I think you may become unintentionally hostile towards the solicitor acting for your sister. This may burn bridges which you don't really want. Also, find out if the solicitor has anyone lined up, and if so, check for connections.

    oh, it will be hostile alright:D thanks for the advice. I'll go talk to one next week, see if something can be worked out.


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