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Family Dispute after a Death

  • 29-05-2009 4:30pm
    #1
    Shiv411
    Closed Accounts Posts: 15 ✭


    Hey All,

    Just looking for some advice, my father died nearly 3 yrs ago and my mother and him were separated for 10yrs but not legally so when he died she was entitled to 2 3rds of his estate, i was living with him since 2000 and still living in his house now and now my mother wants me to buy the house from her or get out, i'm so upset over this and have been trying to put it off as long as possible but i'm running out of excuses. I'm wondering if i have any legal rights and i can't afford a solicitor.

    Please Help! :(


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    What do you want to do? Potentially, you could move out and either have your mother buy you out or just sell the property and you get your portion of the proceeds.

    You (including any siblings) are presumably entitled to one third of the estate. If you are under 18 you are probably entitled to stay there until then. If over, you could probably get a mortgage based on you have an existing equity stake in the property. If you are 18-23, you might have some other rights.

    You do have options to get advice - whether from the local citizens advice bureau, FLAC or I imagine many solicitors would be willing to give you advice, based on being paid when any settlement is made. Make sure you get independent legal advice - do not rely on what your mother or her advisers tell you.

    www.flac.ie


  • #3
    CDfm
    Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    Victor wrote: »
    What do you want to do? Potentially, you could move out and either have your mother buy you out or just sell the property and you get your portion of the proceeds.
    You (including any siblings) are presumably entitled to one third of the estate. If you are under 18 you are probably entitled to stay there until then. If over, you could probably get a mortgage based on you have an existing equity stake in the property. If you are 18-23, you might have some other rights.
    You do have options to get advice - whether from the local citizens advice bureau, FLAC or I imagine many solicitors would be willing to give you advice, based on being paid when any settlement is made. Make sure you get independent legal advice - do not rely on what your mother or her advisers tell you.
    www.flac.ie
    Did they have a seperation agreement and did he have a will?
    That is the first place to start.

    http://www.citizensinformation.ie/categories/birth-family-relationships/separation-and-divorce/succession

    If he has a will and has appointed an executor it is their job to see that the estate is divided in accordance with that and bear the legal costs.
    If they had a seperation agreement she may have signed away her rights of inheritance.

    www.parentalequality.ie and www.usfi.ie are seperated fathers groups who may have come accross this issue.


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