Selling the family home

Jellybean7882

Hi just looking for some information regarding the selling of a family home. My grandfather never made a will and so the house was shared equally between my mam and 3 siblings. My mam has lived there since birth never married the rest moved out young got married each own their own houses . Now they want to sell from under my mam. She lives in the home with myself and my 4 yr old daughter and my 18 year old sister . Do we have a leg to stand on at all ? Or can we just be made homeless like that? Myself and my mam have kept the General upkeep of the house the siblings were never bothered with the house as it was in such bad condition.

seamus

Short answer is no. Speak to the solicitor who managed the probate on your grandfather's estate. If you don't trust them (i.e. if they are a friend of one of the siblings), then get another solicitor.

If the house was equally split between the 4 children, then all should have been registered against the title deeds if the house was not going to be sold. In this case, the 4 siblings would have to agree on a sale before it can be processed.

However, if the house was transferred into the name of the executor alone, then there are questions to be asked, but they could potentially try and sell the house without agreement.

That said, the fact that your mother has had sole and exclusive possession of the property for a long time probably gives her a lot of power over it.

This is why you need a solicitor.

Jellybean7882

seamus wrote: »

Short answer is no. Speak to the solicitor who managed the probate on your grandfather's estate. If you don't trust them (i.e. if they are a friend of one of the siblings), then get another solicitor.

If the house was equally split between the 4 children, then all should have been registered against the title deeds if the house was not going to be sold. In this case, the 4 siblings would have to agree on a sale before it can be processed.

However, if the house was transferred into the name of the executor alone, then there are questions to be asked, but they could potentially try and sell the house without agreement.

That said, the fact that your mother has had sole and exclusive possession of the property for a long time probably gives her a lot of power over it.

This is why you need a solicitor.

Thank you for your reply we are all very worried we have an appointment with a solicitor next week .

seamus

The law around home, especially where there are children present, is exceptionally strong in Ireland. So you have no need to worry really, at least not in the immediate term.

Just remember between now and your meeting with the solicitor, that nobody else under any circumstances may enter your home without your permission, or erect any signage on the property or otherwise interfere with your usage of the property.

Jellybean7882

seamus wrote: »

The law around home, especially where there are children present, is exceptionally strong in Ireland. So you have no need to worry really, at least not in the immediate term.

Just remember between now and your meeting with the solicitor, that nobody else under any circumstances may enter your home without your permission, or erect any signage on the property or otherwise interfere with your usage of the property.

I'm worried that they can sell because there is 3 against one. Does a majority count in this situation do you know ?

Pat Mustard

Mod:

No legal advice

seamus

Jellybean7882 wrote: »

I'm worried that they can sell because there is 3 against one. Does a majority count in this situation do you know ?

Again, short answer no. Long answer is that it depends on how the estate was administered.

The only advice I can give you is to not worry yourself about these questions. The other siblings cannot do anything between now and you meeting your solicitor, who will be able to advise appropriately.
All anyone on here can give you is hypotheses and imaginary scenarios, not information appropriate to your specific circumstance.