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Help required - Advice re: protection of children when parent is selling their home

  • 21-08-2013 10:06am
    #1
    patjack
    Registered Users, Registered Users 2 Posts: 313 ✭✭


    Hi All,

    My aunt is deceased 3 years, she left behind four children a husband and a wonderful home. Her husband has moved quickly and was with someone less than a month after her burial, and is still with this person. This relationship is primarily hugely based around drinking. She lives in a house with her seperated husband also has a share in. My uncle in law ad his children practically live there presently.
    He is under financial duress because of his drinking habits and monies he has borried from individuals since my aunts passing. He is now going selling the family home for money to pay these bills but also so he can have a good time for another short while.

    My question is this, I know it is house and he is entitled to sell, but is there any means possible that I could ensure his four children get looked after from the proceeds of selling the house? i.e. are they entitled to any of the proceeds, to be left in trust until they reach 21? Is there anything at all that could be done to at least try and ensure that the kids have something? They are all under eighteen, 2 primary going, 2 secondary.

    And yes we have spoke to him and spoken to his family, but this man is selling and thats it.


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    That is quite a serious issue and it is unwise to seek advice on serious (or any) legal matters on the Internet. That is the reason for the ban on giving or seeking legal advice in this forum.

    However, as others will advise you, you should contact a solicitor with experience in this area and take it from there.

    I would also suggest that you move very quickly in relation to that because if anything can be done, it will need to be done almost immediately.


  • #3
    Sala
    Registered Users, Registered Users 2 Posts: 1,494 ✭✭✭Sala


    If a person dies with no will 1/3 of their estate goes to their kids. In the case of the family home, if it is held as joint tenants it will go to the husband, but if not and it forms part of her estate the children will have a claim. You really need a Solicitor asap


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