inheritance question

Doom

Just looking to be pointed in the right direction.
1.If both parents have passed away with no will, does their estate fall to their children in equal parts?
2. If one child moves into the house and the others want to sell, does that person have to buy the rest out at the market value?

murphaph

Doom wrote: »

Just looking to be pointed in the right direction.
1.If both parents have passed away with no will, does their estate fall to their children in equal parts?

Yes. Through the laws of intestacy the children would inherit the entire estate in equal parts.

Doom wrote: »

2. If one child moves into the house and the others want to sell, does that person have to buy the rest out at the market value?

In theory yes, but read on...

If no will was left then the eldest child has first dibs on applying for a grant of probate and to become the personal representative of the deceased (when no will exists there's no executor but rather a personal representative. This person receives the grant of probate which is a court issued document that entitles them to legally act as if they were the deceased (ie only that person can actually sell real property belonging to the deceased).

The personal representative is responsible for ensuring that the property is divided (be that through conveyancing or sale and distribution of monies received) among the children equally. They are legally bound to do this "within a reasonable amount of time".

Is the child in occupation also the personal representative?

Is the child in occupation reasonable or are they expecting to be allowed to remain there without buying the property out?

There is a legal remedy to an unreasonable person in occupation but the cost of this will decimate the entire inheritance for everyone and nobody will win except the legal eagles. Negotiation is absolutely critical here or disaster looms.

The_Morrigan

OP I would suggest you engage the services of a solicitor here.

Mod Note: Legal advice is not permitted to be sought or given on Boards.ie

P. Breathnach

You can generate your own legal advice if you read the relevant law: http://www.irishstatutebook.ie/1965/en/act/pub/0027/index.html

Doom

The_Morrigan wrote: »

OP I would suggest you engage the services of a solicitor here. Legal advice is not permitted to be sought or given on Boards.ie

As I said looking to be pointed in the right direction....

The_Conductor

Doom wrote: »

As I said looking to be pointed in the right direction....

The only direction we are allowed point you in- is to your solicitor. Sorry. We are not allowed offer legal advice.

riclad

GO to free legal advice centre, or citizens advice centre,
for advice.

Santa Cruz

riclad wrote: »

GO to free legal advice centre, or citizens advice centre,
for advice.

Citizens advice is of no use as they do not have legal expertise. Go to a proper solicitor and get the estate to cover the costs. Division of property is a serious business

The_Conductor

I'm closing this thread- as I don't feel that its appropriate to offer the OP any further information- other than as given- to go and contact a solicitor.

Closed.