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‘Inheritance’?

  • 17-09-2022 8:51pm
    #1
    Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭


    Appreciate your view.


    Separated parents. Mortgage in arrears. House sold to pay arrears and difference spread between both parents Small sum of money given to three of the four siblings. Does the fourth sibling have any rights to any monies?

    Thanks all



Comments

  • Registered Users, Registered Users 2 Posts: 6,146 ✭✭✭Princess Calla


    I don't think so.

    Once you are an adult your parents don't have to leave you anything.

    It's a sh1tty thing to do but family dynamics are weird.



  • Registered Users, Registered Users 2 Posts: 20,825 ✭✭✭✭Donald Trump



    Not quite true. There is the concept of "proper provision" which can apply depending on the circumstances.


    But that will be for actual inheritance. Which this isn't.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    None at all. Anybody can spend their own money however they wish.



  • Moderators, Business & Finance Moderators Posts: 10,602 Mod ✭✭✭✭Jim2007


    It’s not an inheritance and you have no right to other peoples money.



  • Moderators, Business & Finance Moderators Posts: 10,602 Mod ✭✭✭✭Jim2007


    Without knowing the circumstances, you can’t draw those kinds of conclusions.

    I received nothing from my parents on their death, it all went to my brother. Life has not been terribly kind to him so he need the farm to survive. So I don’t see why my parents should have made his life more miserable just to give me some.

    Most likely I will end up doing the same thing. My son is well educated, in a high paying job with a good investment portfolio so is extremely unlikely to need anything from me. My daughter is an artist and a fairly average one at that so she will always struggle with money. Mostly likely she will receive the bulk of my estimate, because there is not much more I can do for her at this stage.



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  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    To repeat what has been pointed out, despite the thread title, this is not a inheritance situation. The OP said the net proceeds of the house sale were divided among the parents and a small amount of money distributed to three of the four children.

    Unless I'm completely misreading the original post, the parents are alive and separated. They divided the proceeds between them when the house was sold and the mortgage paid off but gave small sums of money to three of the four children.

    If that's the situation and both parents are alive, the fourth child has no right to one cent of that money.



  • Registered Users, Registered Users 2 Posts: 36,895 ✭✭✭✭BorneTobyWilde


    Confused, why is the 4th child left out?



  • Registered Users, Registered Users 2 Posts: 1,783 ✭✭✭dennyk


    Your post title is "Inheritance", but it doesn't sound like any of the parties involved are deceased. If the house was in your parents' names only, then they are free to distribute any proceeds they make from its sale in any way they see fit, just like with any of their other assets. Generally speaking, they are under no obligation to distribute that money evenly between their children, or to give any particular child any money at all. Inheritance law doesn't apply here if no one has died.

    There can of course be any number of unusual edge cases where the fourth child might arguably be owed some money (e.g. because they had some legal interest in the property, such as a lien, or because there was some pre-existing legal agreement between that child and their parent or parents promising them a share of those proceeds, or because their parent owes them a legal debt of some sort, etc.), but absent any of those atypical circumstances, the fourth child has no legal recourse here and wouldn't generally be owed anything.



  • Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭karlitob


    Thanks all. Presumed as much but didn’t have the language to articulate it.

    Much appreciated.



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  • Registered Users, Registered Users 2 Posts: 30,267 ✭✭✭✭AndrewJRenko


    Where are the parents living now, after selling their house?



  • Registered Users, Registered Users 2 Posts: 2,594 ✭✭✭karlitob




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