Inheritance rights help please

Frank43

My father died approx 30 years ago without leaving any will. He was survived by only my mother and me(a child then).

My mother has had mild dementia for the last couple of years but is slowly getting worse. We took out an enduring power of attorney 3 years ago.

I have a memory of being in my mothers solicitors office either during my childhood or early adulthood and the solicitor advising me that I was entitled to 1/3 of my fathers estate(the family home). However he advised that as I was an only child and would eventually inherit all that I shouldn't claim this 1/3.

My mother will need nursing home care soon. I will be relying on the HSE Fair Deal scheme. I understand that the HSE claim a third of the value of the house in payment. BUT, Am I entitled to exclude the 1/3 of the house value which I was originally ntitled to before the HSE does its calculations?

In other words can I still claim my entitlement to 1/3 of my fathers estate?

Thanking you!
Frank

Marcusm

Was the house title ever changed? If not, it might be an indication that the solicitor did not follow through with the formal renunciation. We have recently had this issue in our family over grandparents and now some of the parents died before the survivor (my grandmother). They recall renouncing their rights but the title was never changed.

marlie2005

I think the case is you own 1/3 of the house and your mother ownes 2/3. I think the fair deal scheme would probably only take into consideration the 2/3 that your mother owns.

Frank43

Thanks for replying!

I will have to go see the solicitor and ask if the title was ever fully changed.

I do again have vague memories of a capable friend of the family(not a solicitor) taking out a probate after my dads death. Is this the same thing as changing the title?

I also remember that my mother continued to pay off the council loan/mortgage for many years after. I think it was on the occasion of the loan being cleared that we visited the solicitor and the discussion about my entitlement was broached.

I'd like to have my homework done well before approaching the solicitor.

Thanks!
Frank