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3 siblings and an inheritance.

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Comments

  • Closed Accounts Posts: 20,649 ✭✭✭✭CDfm


    smccarrick wrote: »
    By rights- they really should sell the property *now*. In addition to liquidating the asset- they will have the cash from the sale to put towards any needs they might have themselves- and when they do eventually go- their assets are in a nice liquid form for dividing among the kids.

    LOL - I see what you mean. If a will is an instruction they should be clear about what behavior the expect from their heirs.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    smccarrick wrote: »
    By rights- they really should sell the property *now*. In addition to liquidating the asset- they will have the cash from the sale to put towards any needs they might have themselves- and when they do eventually go- their assets are in a nice liquid form for dividing among the kids.

    They will have to find somewhere to live until they die. Why should they endure the discomfort of moving house and the uncertainties of renting accomodation just because
    a. They have a lazy son and
    b. They want to make things easy for the daughters.

    They should throw the son out and leave the property on a trust for sale.


  • Registered Users, Registered Users 2 Posts: 166,012 ✭✭✭✭LegacyUser


    I am aware of a similar situation and in the end all three will benefit. Although the OP sees the brother as benefiting, they've all had some input or connection to the house. In the interests of fairness I would have thought equal distribution is the only answer but allow the brother the option to buy the others out within a reasonable period of time. I also imagine that this what the parents would want.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Jo King wrote: »
    They will have to find somewhere to live until they die. Why should they endure the discomfort of moving house and the uncertainties of renting accomodation just because
    a. They have a lazy son and
    b. They want to make things easy for the daughters.

    They should throw the son out and leave the property on a trust for sale.

    To be honest- if I were they- I'd sell the house- take a long term lease (not buy) on a nice ground floor apartment in a European country with good healthcare- France sounds good- but maybe Spain or even Portugal- and live a lovely retirement in a nice warm sunny clime. Its not a case of making things easy for their kids- they are retired now- they should enjoy their twilight years, whatever is over the kids can split between them- but at this stage they should be thinking of themselves- not the three kids.


  • Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    Legally the parents can do what they like. If they feel the son needs the house they may leave it to him. Without a will all three get an equal share. Had to look in to this recently and it is very straight forward.
    I know of family members being written out of inheritance because the parents felt hey didn't need the money or would spend it unwisely. In my cousins' case my aunt and uncle have left everything to the eldest as they think the youngest's wife will inherit so much that he will not need anything from them.

    The bottom line is it is up to the parents if they are still alive. After the fact and no will it is legally a split 3 ways and nobody can claim residency rights to prevent a sale.


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  • Registered Users, Registered Users 2 Posts: 151 ✭✭oil painting


    I think the suggestion from the original post was that there is a will and the house would be split 3 ways, the sisters were wondering that if they did inherit it would they have any rights to sell the home and split it in 3 or would the brother have rights to stay.

    So if there is a will provided and the brother has been residing there all his life would he have more rights to the home?

    If there is no will and it just goes to the three of them it seems he would not.


  • Registered Users, Registered Users 2 Posts: 484 ✭✭Shewhomustbe...


    I don't think that the brother lives in the house offers him any more rights than that of the sisters. If there's a will and each sibling gets an equal share of the house he could contest it but probably wouldn't win (unless he had an ace up his sleeve)
    A similar situation happened in my family, my uncle lived with his widowed mother. She died intestate and his sister, a lovely woman :rolleyes: didn't give a stuff that he'd never lived any where else, the house was sold and the three siblings got their share. (The arguement being that he could buy somewhere to live out of the proceeds)


This discussion has been closed.
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