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Father died with out will

  • 10-07-2024 12:38pm
    Registered Users Posts: 45

    My father died about 8 years ago without leaving a will. He left a terraced house which is gone derelict.

    Another issue for me is he was not on named on my birth certificate.

    Someone wants to buy the house for cash and say they will do all the legal stuff themselves but I don't like the idea as I don't believe it would be that simple

    I just don't know where to start, would anyone have advice please.


  • Registered Users Posts: 10,628 ✭✭✭✭28064212

    Do you know that the house belongs to you? Was his estate distributed, do you have the deeds? You can't sell something you don't own. The buyer might claim they'll deal with it, but if they hand over the cash to you, and a month later someone with proof of ownership comes along and tells them to get the hell out of the property, they won't shrug their shoulders and say "damn, bad investment", they'll come after you to get their cash back.

    Get proper legal advice. Go to a solicitor and ask them what you would need to do to sell the house

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  • Registered Users Posts: 7,008 ✭✭✭SuperBowserWorld

    You need a decent solicitor to sell the house on your side and also to sort out the birth cert stuff. Also any other "legal" stuff that might be bothering you. The buyer will also have their own different solicitor. Your solicitor is looking out for you. You need to have all your bases covered until the sale is fully complete and you are legally covered in case of any shenanigans later. Also, the buyer might be availing of derelict house grants etc etc so don't undersell.

  • Registered Users Posts: 82,433 ✭✭✭✭Atlantic Dawn

    First thing I would do is see who's name the house is in, if it was never in your fathers name it will become much more complex. For €5 on you can see the ownership details of any residential property.

  • Registered Users Posts: 34,849 ✭✭✭✭o1s1n
    Master of the Universe

    That's a good first step but just to note that there are unfortunately loads of properties not actually listed on I'd say given this property last traded hands a long time ago it probably won't be there.

  • Registered Users Posts: 82,433 ✭✭✭✭Atlantic Dawn

    Yes I think mid to late 70's onwards should be there, anything pre that may not.

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  • Registered Users Posts: 2,737 ✭✭✭Ezeoul

    Always source and use your own legal representation.

    Did you have a relationship with your Dad while he was alive, or do you have any siblings?

    It is possible to apply to have him declared as your father (and add his name to your birth cert posthumously) via a Declaration of Parentage, but that is another legal discussion!

  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,562 Mod ✭✭✭✭Robbo

    It depends on which county you're talking about. Compulsory first registration started in the 1970s but took a long time to cover the full 26 counties, with Dublin and Cork falling into line in 2011. The proportion of registered land in Dublin is still quite low compared to many other counties.

  • Registered Users Posts: 10,665 ✭✭✭✭Jim_Hodge

    Bottom line is you need to contact a solicitor regarding the sale and probate on your father's estate.

    Post edited by Jim_Hodge on

  • Registered Users Posts: 6,230 ✭✭✭Claw Hammer

    Fisrt off, you need to find out was there ever a grant of administration of your father's estate taken out.
    If not, whoever proposes to sell the property will have to take out letters of administration.

    The birth cert is irrelevant as long as there is some evidence you are in fact the son of the deceased.

    Did he pay maintenance for you at any time?

    How did your father obtain the house?

    Purchase, council house, inheritance, gift?