Fathers Estate

Eircom_Sucks

posting this for a friend as she's not on boards

first off i know she should seek legal advise but she asked me to get a general consensus of ideas or info

house in question was my friends grand mothers house , then her mothers house , then mother got married to her father

then the mother died and the father is still living in the house with a new partner ( not sure if they got married ) as friend has not seen her dad in 2 years and she left the house because of her dads parters abusive son ( her father didnt back her up or help so she had to leave )

sadly her dad only has a few days to live ( stroke )

now she said her mother would be turning in her grave it this parasite gets the house ( dads partner , she has been married 3 times already and apparently a sponger )

so she wants to know what her rights are to the house ?

her dad has said previously that the house would always be hers , but now she's not so sure

DublinWexican

Does she know if a will was made?

If not I think it could be split evenly between all next of kin.

Eircom_Sucks

https://www.boards.ie/discussion/comment/118499315#Comment_118499315

she hasn't spoken to him in over a year after he let her down

so she hasnt a clue if a will was made or if he even married his partner

coylemj

Did the mother leave a will? She is the last person named by the OP as owner of the house. What I mean is that it's not clear who now owns the house. Based on the timeline outlined by the OP, the mother inherited the house before she married so it's unlikely that the house is in their joint names. In which case, what happened to the house after she died would have very much depended on whether she made a will or not.

If the mother owned the house in her sole name at the time of her death and left no will, her husband is entitled to 2/3 and her children split the remaining 1/3. But if she did leave a will, she could have left the house to her husband.

If the mother died intestate then even if the father married his current partner, the OP's friend may still be entitled to a share of the house as part of the distribution of the mother's estate.

We need to know: 1. who now owns the house? 2. was probate taken out on the mother's estate?

FishOnABike

Who is considered next of kin will depend on whether her father is married, in a civil partnership or cohabiting (and for how long).

A spouse or civil partner would have legal rights.

A cohabitee can apply to the court for a property adjustment order if certain conditions are met.

This link might give you some idea of what circumstances might be relevant to any property rights your father's partner might have

https://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html#lf2ab8

As you can see, it can get complicated. Your friend needs to clarify the circumstances / nature of her father's relationship with his partner and get legal advice.

Eircom_Sucks

really appreciate the replies

ive sent these questions to here to try verify

will report back asap

Eircom_Sucks

she thinks her mam put her dad on the deeds , doesn't think she made a will

but has her grandads will which states her mam has to get the house and did get it

will update with more asap

Atlantic Dawn

Have a look on www.landdirect.ie to see current ownership and a history of changes, I think it only €5 or €10 to confirm.

coylemj

https://www.boards.ie/discussion/comment/118501935#Comment_118501935

That would suggest that the house passed to the father when the mother died. Because if she put his name on the deeds and didn't bother to make a will, that suggests that she knew the father would become sole owner on her death, with no requirement for probate.

Eircom_Sucks

https://www.boards.ie/discussion/comment/118502046#Comment_118502046

this is probably true and if this did happen

regardless if he married current partner or not , would his only child be entitled to anything ?

TooTired123

https://www.boards.ie/discussion/comment/118502070#Comment_118502070

She will need to get proper legal advice very quickly after he dies because you can be sure the woman he’s dealing with will.

coylemj

https://www.boards.ie/discussion/comment/118502070#Comment_118502070

If he now owns the house, his child is entitled to nothing. In the sense that he is free to leave the house to the proverbial Cats and Dogs' Home. Or the partner.

If he marries his partner, she will acquire rights but his child will still be entitled to nothing. Unless he dies intestate, in which case she would get 2/3 and his only child would get 1/3 of his estate.

If he is unmarried when he dies and he has made no will, his only child would inherit his entire estate.

Lenar3556

I suspect it is less likely that he is married to his current partner - probably a cohabitation situation.

Much will turn on the existence or otherwise of his will - assuming he has full title to the house.

Even if your friend were to inherit the house, in one way or another, there is likely going to be trouble with the ‘partner’. Solicitor time.

FishOnABike

https://www.boards.ie/discussion/comment/118503529#Comment_118503529

I would get advice as that may be complicated by the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Eircom_Sucks

https://www.boards.ie/discussion/comment/118503747#Comment_118503747

100 %

was just trying to get a guidline for her thats all . much appreciated

Eircom_Sucks

https://www.boards.ie/discussion/comment/118503735#Comment_118503735

yep ive told her that . get onto the solicitor and go from there

thanks again

Donald Trump

https://www.boards.ie/discussion/comment/118501936#Comment_118501936

5 Euro to get a pdf copy of the folio emailed to you.