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Aftermath of a parent's death

  • 07-10-2018 8:25pm
    #1
    jos28
    Registered Users, Registered Users 2 Posts: 7,233 ✭✭✭


    Just wondering if anyone has had any experience of this or if anyone knows the legal answer. Quick scenario without giving too much away - Elderly widower with adult children, 2 of those offsprings have not spoken to him for years. He has a will dividing everything equally between all of his children regardless. In the event of his death are those 'children' legally entitled to access to the former family home ? The house has been renovated since they last spoke to him and new doors were fitted - hence no keys for them. Can they demand access ?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,702 ✭✭✭✭coylemj


    Has an executor been named? Why did you put the last instance of the word 'children' in quotes?

    The executor should take charge of the house, apply for probate and then probably sell the house with a view to dividing the proceeds evenly among the children.


  • #3
    jos28
    Registered Users, Registered Users 2 Posts: 7,233 ✭✭✭jos28


    coylemj wrote: »
    Has an executor been named? Why did you put the last instance of the word 'children' in quotes?

    The executor should take charge of the house, apply for probate and then probably sell the house with a view to dividing the proceeds evenly among the children.

    Sorry Coylemj, no reason other than it seemed strange referring to grown adults as children. The eldest has been named as executor and is concerned that they will be demanding access when the time comes. Presumably they would not be allowed to remove anything from the property until the estate is distributed. Sounds awful to be even thinking this way but we predict trouble and would like to know how to deal with it.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,702 ✭✭✭✭coylemj


    I understand but in the legal sense and regardless of their ages, they are the children of their father so its perfectly regular to make a will in which you describe your immediate offspring as your children.

    Your eldest sibling takes charge of the estate as executor, he or she can allow or deny the other siblings access to the house.


  • #5
    jos28
    Registered Users, Registered Users 2 Posts: 7,233 ✭✭✭jos28


    That's great Coylemj, many thanks for the clarification. The Executor can make that decision when the time comes. Hopefully the gentleman in question lasts for several more years and that the rift is sorted before then.


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