Estate

yourdeadwright

Need some advice for a friend

There father passed away suddenly and there is no will, He was devoriced nearly 20 years from the Mother

So the friend is the next of kin & has one younger sibling so assume the asset will be left to oldest sibling to divide

How do they approach the situation do they first need to get a solicitorsor is it even needed ?

The father owned 50% of his house with his sister (who didn't live in it)owning the other 50% so i guess that will be something an agreement would be made over on, she also claiming she lent the father a some of money which she will claim back from his estate

With all this info would it be best if the Friend goes and gets a solicitors to deal with it?

...Ghost...

Friend needs proper legal advice. Sister will have to prove what she claimed.

Firblog

Yeah, legal advice is a must if someone claiming against the estate. Otherwise all should be divided equally between the 2 children (if both are children of the deceased).

phildub

How is your friend next of kin if there is no will, the state will be divided according to the rules of intestacy, just because he is older does not give him any right over the distribution of the estate.

Given the fact he doesn't seem to even be aware of this he really should go to a solicitor.

asdfg87

https://www.boards.ie/discussion/2058255538/estate

I would talk directly to the person before going to a solicitor, if the sister has document confirming she gave the money i expect she will need to have this repaid from estate.

Better have a good chat assuming they are not a difficulty in the relationship. It is not in the sisters interest to make a fuss in my view. If there be a nuetral family member for advise be helpful. If your friend goes gung-ho to a solicitor it may create a big problem. Also remember their dad likely owes rent for half the house last number of years and this is likely the money owed. Also remember this sister helped their dad when he needed it so going after the money will be seen for what it is, i wonder if they had a good relationship with him or are they just interested in what they can get.

yourdeadwright

https://www.boards.ie/discussion/comment/119370888#Comment_119370888

Ye I think your correct it makes all the sense in the world for him to go get himself a solicitor to deal with it

yourdeadwright

https://www.boards.ie/discussion/comment/119370910#Comment_119370910

Thankfully they all have good relationships with each other but my friends just worried when it comes to large sums of money that relationships can take a turn

To be fair he wants it done fairly so there is no falling out or people feeling hard done by,

I think all 3 involved getting solicitors is the best way forward just so everyone is protecting themselves and hopefully it can still be done in good faith

asdfg87

https://www.boards.ie/discussion/comment/119370920#Comment_119370920

I completely disagree with you, you say tyhey have a good relationship, if your friend brings legal people in the relationship changes, its about the money. He doesn't want to fall out with people and you want to bring in a solicitor and they make their money out of conflict.

Why would it take 3 professionals to administer what seems to be small-change? If you care about your friend why dont you have a meeting with the lady you are talking about, you will know in 5 mins if she is a reasonable person, thats assuming you have no agenda going in.

yourdeadwright

https://www.boards.ie/discussion/comment/119371020#Comment_119371020

Obviously the decision is up to my friend not me, it's really not my place to speak to his Aunt

Sorry i never said but his Aunt has said to him her solicitors will been in touch, so shes is already going down that road

Also I don't think just because a solicitor is involved means there is conflict, It can mean people have a peace of mind and things are done correctly to stop conflict in the future,

Thanks for the reply but i do think a solicitor is probably his best route

asdfg87

https://www.boards.ie/discussion/comment/119371077#Comment_119371077

The second line of your commwent makes no sense, i assumed there was no solicitor involved but it now seems the is.

So great you go and advise your friends to spend a considerable amount of their inheritance on legal advise, nice friend to have.

Solicitors make most of their money based on CONFLICT/LITAGATION.

yourdeadwright

https://www.boards.ie/discussion/comment/119371117#Comment_119371117

You need to chill out a little,

Iv thanked you for you posts so not sure why you've got your back up ,

Don't worry i WILL advise my friend on all the comments in the end of the day its there call not mine, for the record everyone else has said he should go get a solicitor, so forgive me if i tend to side with the majority over 1 stranger 's comment its noting personal

Again i do thank you for your input & will relay that not everyone says the same thing

I'm just trying to get as many opinion as i can to help them with there decision , what ever they decide to do it won't be because i told them to do it,

seagull

Most people don't know the rules of intestacy, and who is entitled to what. That alone makes it worth talking to a solicitor. Given that there's a property involved, that also needs a solicitor to help with resolving the transfer/sale. If the aunt already has a solicitor lined up, it might be worth having them deal with the property.

asdfg87

https://www.boards.ie/discussion/comment/119371184#Comment_119371184

Your messages were not very clear and having 3 solicitors to do what i think is simple transfer is waste of money.

My back isn't up at all, i am stating what i know goes on.

asdfg87

https://www.boards.ie/discussion/comment/119372922#Comment_119372922

I agree.

yourdeadwright

https://www.boards.ie/discussion/comment/119373081#Comment_119373081

I'm sorry but the below is comment is just stating what you know goes on, it was just being unpleasant for no reason , if you can't recognise that then I'm glad your just a stranger on line,

"So great you go and advise your friends to spend a considerable amount of their inheritance on legal advise, nice friend to have "

enjoy your weekend

asdfg87

https://www.boards.ie/discussion/comment/119373187#Comment_119373187

What did i say that you thought was unpleasant?

Claw Hammer

No one seems to know whether the house was tenants in common with the sister or a joint tenancy. If it is joint tenancy the sister would take the house fully and still have a claim against the estate. IOf there was a divorce the court orders for the divorce need to be checked to see what was ordered regarding inheritance. Given that the decaeased made no will it may be that he was equally casual about the divorce and there are loose ends around and his ex will turn up

yourdeadwright

https://www.boards.ie/discussion/comment/119373344#Comment_119373344

Its tenants in common,

The divorce was all sorted out correctly & unfortunately no chance of the ex turning up ,

spaceHopper

This is not something you can do by yourself, they have to apply to the high court to grant of probate, bank and insurance companies have to be written to the check for accounts and policies.

Did they have a mortgage and mortgage protection insurance, will that cover any remaining mortgage? If so the Sister’s money could be covered by that?

How much money is she claiming she is owed, is it worth a legal battle. The reason her solicitor would be in touch is there is going to be legal work involved. All of this could take a year or two. 

dennyk

https://www.boards.ie/discussion/comment/119371020#Comment_119371020

If the friend in question has been appointed the administrator of the estate, it's perfectly reasonable and normal for him to hire a solicitor to assist with the estate, even if it's only to make sure that everything is done properly according to the law. It is also a legal requirement for the estate administrator to use a solicitor if there are any disputes between the heirs about the distribution of assets.

As for the other heirs, whether they wish to engage their own independent legal counsel would be up to them. The solicitor hired by the estate administrator represents the estate and would not be in a position to provide independent legal advice to the beneficiaries or represent them in any disputes. If they have a dispute about the distribution of the estate's assets, it would be in their best interest to seek their own legal advice.

asdfg87

https://www.boards.ie/discussion/comment/119373795#Comment_119373795

I think that's a question for OP, I expect they will clarify for you. IF is a very BIG word.

holliehobbie

https://www.boards.ie/discussion/comment/119373433#Comment_119373433

If the father didn’t leave a Will it’s not a Grant of Probate but Letters of Administration that need to be applied for. This will take ages. And house can’t be sold without this issuing. I once came across a case where it took 16 years before it issued and the house could be sold!! Hence the importance of making a Will especially if you have dependents and/or a property!

asdfg87

https://www.boards.ie/discussion/comment/119373391#Comment_119373391

The picture is getting clearer, assuming its an option and i think you said they have a good relationship i think i would let the sister handle it. Bringing too many into this would likely make resolution more difficult. If the sister helped the brother when he needed it she loikely a decent person in my view.

good luck.

endofrainbow

https://www.boards.ie/discussion/comment/119375055#Comment_119375055

Can I ask how/why it took 16 years?

Claw Hammer

https://www.boards.ie/discussion/comment/119376486#Comment_119376486

Yes, you can ask!