# Inheritance



## caroerin (10 Dec 2004)

Is it possible to add another owner on a deed of an house ?
By that, I mean can a mother add her youngest daughter to share the ownership of the family house without asking the siblings  (father died a long time ago)?

 In case of the death of the mother, can the other siblings contest the fact that they won't have any right to claim inheritance since everything will go to the youngest daughter, the only possession the mother has is the family house + a bit of land but the land was given to the eldest son at his wedding which means that out of 6 children, 4 won't have no inheritance


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## terrysgirl33 (10 Dec 2004)

The mother can do anything she wishes, including selling the house and spending all the money gambling in Vegas.


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## ClubMan (10 Dec 2004)

*Is it possible to add another owner on a deed of an house ? By that, I mean can a mother add her youngest daughter to share the ownership of the family house without asking the siblings (father died a long time ago)?*

Yes. If the property is mortgaged then the lender will need to be informed and additional mortgage protection life assurance cover taken out etc.

*In case of the death of the mother, can the other siblings contest the fact that they won't have any right to claim inheritance since everything will go to the youngest daughter, the only possession the mother has is the family house + a bit of land but the land was given to the eldest son at his wedding which means that out of 6 children, 4 won't have no inherit*

I presume that any interested party can contest a will if they so choose but whether or not they have any realistic claim depends on the circumstances.

Disclaimer: I am not a lawyer.


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## ISBN (10 Dec 2004)

As far as I am aware, the children can apply to the Courts to contest the Will stating that the mother has failed in her moral duty to provide for them.  the Court decides if they are entitled to a share or not.

I am open to correction on this....


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## mf (10 Dec 2004)

Two issues: 

1. Is the property the mothers to deal with i.e. is it in her own name? When the father died was his estate dealt with? Did he leave a will? Was there a Grant? Or was the property always in the mother's name? 

If the mother owns it, she can do what she wants with it. 

2. Can the siblings do anything about it?  Frankly no, if the property is the mothers, she can do what she likes with it in her own lifetime including giving it or part of it away. 

Can the siblings do anything about it after her death? Well if there is no estate, there is nothing left to fight about. Property held jointly does not form part of the estate ( it will pass to the other joint owner by survivorship)  so you can only fight about what is in the estate  which will be nothing. 

I'm a great believer in the idea that you're entitled to nothing in this world and that includes what many people regard as "their rightful inheritance".  

mf


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## terrysgirl33 (11 Dec 2004)

I have a vague memory of a court case where children/a child was contesting the parents will.  The judge ruled that the will stood, as the children (these were adult children/child) had been fed, educated and cared for when they were children, and the parents had no further obligation to give them anything.  This only applies where all the children are adults of course.


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## caroerin (11 Dec 2004)

I did not think it was possible. My friend is the youngest daughter so she will be glad to hear it. I will tell her to double check it with the lawyer they will use to change the name of the owner of the house. She was asked me because my father died a few years ago and like her, I had quite a few siblings but I am French and I guess the law in France is quite different as my sibling and myself are entitled to the share of the family house but my mother has the full use of the house until her death however she cannot sell the house without our agreement or vice versa. This is standard pratice in France and I was thinking it was the same in Ireland but how wrong I am. 
Fell sorry for the siblings specially when the mother is always gloating she treats her children equally (all adults now). She has a strange definition of egality in this case.


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## terrysgirl33 (11 Dec 2004)

I see!  Did her father make a will, and was it brought to probate?  Was the house owned jointly by the mother and father in the case?  (years ago, it was not always owned jointly)


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## caroerin (11 Dec 2004)

There was no will made by the father as he died in an accident. Don't know if the house was in joint name, I guess so no 100% sure I need to check it with my friend


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## dubinamerica (16 Dec 2004)

*.tax*

Are there any tax implications for this 'gift' of the property from the mother to the child?  Say the daughter becomes joint owner does she have to pay tax on this when it's received or if she decides to sell at some point in the future ?


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## ClubMan (16 Dec 2004)

*Re: .tax*

See [broken link removed] for some information about gift tax including the fairly generous exemptions on gifts between family members.


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## terrysgirl33 (16 Dec 2004)

*Re: .tax*

I can't access any websites to back this up, but this is my understanding of the inheritance, in the situation you are describing (caroerin).

Taking as an example a family where the father has died, the wife is alive, and there are several adult children.

A)  All property and assets were in the fathers name, and he left no will.  In this case the assets (including the house) would be divided between the wife and children, the wife would not own the house and would have to consult the children before doing anything.

B)  Some assets (such as the house) were in the joint names of the husband and wife, he left no will.  In this case the joint assets will transfer to the wife, and all other assets (such as a bank account in the fathers name only, his car if it was in his name) will be divided between the wife and children.

C) Where everything is in the fathers name and there is a will.  In this case the assets will be divided as the will lays out, unless he has been very unfair.  For example, if his wife was left nothing then she would have a strong case to get some or all of his estate, but adult children would have a weaker claim.

D)Where there are joint assets and a will. In this case the joint assets (depending on the terms) will go the the wife (or surviving holder) and the rest of the assets will be distributed as laid down in the will.

There are cases where these wouldn't hold, but generaly that's what would happen.  It all comes down to whether or not there was a will, and what the will said!!  I'm afraid it's a bit complicated, so this is where consulting a professional would be useful!!!!  I am not a professional, this is what I think would happen, based on what I have heard other people say.


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## ClubMan (16 Dec 2004)

*Re: .tax*

Does  help to clarify any of this?


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