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Uncles possibly trying to keep father's inheritance .!

  • 05-10-2012 12:47pm
    #1
    Registered Users, Registered Users 2 Posts: 3,739 ✭✭✭


    Hi, in a nut shell

    My Granny died about 2 1/2 years ago. Leaving 7 kids, my Dad, uncles & aunts.
    They divided her cash between them and put the house on the market, & my Dad received his cash share.

    My Dad died then nearly 4 months ago, and since then my Granny's house has sold after being on the market for so long.

    I'm wondering where myself and my siblings stand now, are we entitled to Dad's share of Granny's house, my mother says we are. ? (she's no longer his spouse)

    I haven't approached any of my uncles about this yet, but no body has said anything. Surely they would of mentioned after Dad died, " ah at least ye'll get his share of grannies house " or something !!

    Or maybe we're not entitled now, and the house sale will be split 6 ways now and not 7...

    Would like to know where I legally stand before mentioning it to my uncles

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 27,259 ✭✭✭✭Peregrinus


    Your father's interest in his mother's estate forms part of his own estate. (Unless your grandmother made a very unusual will!) You should get it.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    http://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html

    If the deceased is survived by
    • spouse/civil partner but no children - spouse/civil partner gets entire estate
    • spouse/civil partner and children - spouse/civil partner gets two-thirds, one-third is divided equally between children (if a child has already died his/her children take a share)
    • parents, no spouse/civil partner or children - divided equally or entirely to one parent if only one survives.
    • children, no spouse/civil partner - divided equally between children (as above)
    • brothers and sisters only - shared equally, the children of a deceased brother or sister take the share
    • nieces and nephews only - divided equally between those surviving
    • other relatives - divided equally between nearest equal relationship
    • no relatives - the state


  • Registered Users, Registered Users 2 Posts: 3,739 ✭✭✭Stuxnet


    Ok lads, thank you

    One other question, a bit random and ot,

    My Dad had a small property in Bulgaria that he rented out as an office. I haven't informed anyone over there to his passing. Dont even know who to contact, even tho I'm purposely keeping quite about it at the moment

    I've no idea where the deeds to the property are, he did deal with an English agency when he bought it from what i remember, any idea how I should move forward in this regard, myself and my siblings would be eager to sell it after probate or asap, as we have no way to monitor it, it so far away.

    Thanks


  • Registered Users, Registered Users 2 Posts: 27,259 ✭✭✭✭Peregrinus


    A pain, this.

    You will almost certainly need to take out a grant of probate (or local equivalent) in Bulgaria; it's unlikely that the Bulgarian legal system will accept that an Irish court can make an order dealing with the transmission on death of the owner of Bulgarian land. Once you've taken out a grant of probate in Ireland you can be cautiously optimistic that taking out the Bulgarian equivalent will not be too big a production, but you will have to do it.

    There must have been a Bulgarian lawyer/conveyancer involved when your father acquired the property, no? If you can find out who that was, talk to them. They will probably be able to guide you through whatever process you have to go through in Bulgaria to sell the property.

    This assumes, of course, that your father did own the property, and not, e.g. the shares in a company which owned (and still owns) the property. If the latter is the case, then all you need do is acquire title to the shares, and then use your control of the company to get it to sell the property.


  • Registered Users, Registered Users 2 Posts: 3,739 ✭✭✭Stuxnet


    Thanks for the info, its a great help, yes he did own it, I know as he got burnt on one before :-p

    I may have a Bulgarian contact that he did deal with, but Im wary enough of them !! can they be trusted ? ...ya hear stories :)


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  • Registered Users, Registered Users 2 Posts: 27,259 ✭✭✭✭Peregrinus


    Well, you're going to have to deal with somebody in Bulgaria. You may not know much about this guy, but it seems that at least your father trusted him.


  • Registered Users, Registered Users 2 Posts: 3,739 ✭✭✭Stuxnet


    Yes,

    I'm just conscience that maybe now that he's deceased we'll get the ring around, my Dad did travel there frequently and was able meet face to face I guess, its a different ball game now for us the kids.

    Maybe I'm being too paranoid. Thanks, Ill look into Bulgarian probate, or equivalent.

    Thanks again.


This discussion has been closed.
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