# Uncle died intestate, how is farm sold and divided



## probate (17 Oct 2010)

My uncle died intestate 18 months ago. My father and his brother my uncle are the next of kin. 
My uncle agreed to be administrator of the estate which consists of a small farm and sum of money.
However the beneficiaries are in their late 80’s. Both initially wanted the farm sold however the administrator’s son has an interest in the property for himself. He seems now to be influencing his father and taken charge of things, in terms of valuing the property. He has given us a very low value of the farm. which is understandable in the current climate but we weren’t quite expecting such a low value. We believe there is now a conflict of interest.
What I would like to know is that can the administrator go ahead and sell the property to his son? If my father decided he would now like to buy it out who would get first preference if any? Does it go to auction or how is it dealt with?


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## Deiseblue (17 Oct 2010)

On the presumption that your Uncle died without issue or spouse then  your father and his brother are entitled to the residue of his Estate in equal shares.

Your father should insist on an impartial valuation of the farm by a reputable Auctioneering firm.

If such a valuation proves acceptable to both parties then your Uncle can avail of the opportunity to purchase your father's share at market price.

If however agreement cannot be reached the farm should be auctioneed.


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## neiphin (17 Oct 2010)

what is the relationship of the administrator to your father and uncle ?
can your father and uncle come to an agreement on the farm ?


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## Armada (17 Oct 2010)

probate said:


> My uncle died intestate 18 months ago. My father and his brother my uncle are the next of kin.
> My uncle agreed to be administrator of the estate which consists of a small farm and sum of money.


 
From my reading of the above, the administrator is a brother to the deceased and an uncle to the OP.


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## probate (17 Oct 2010)

Thank you all.
Yes the administrator is a brother, however due to the age of the administrator and diminishing mental capacity their son has taken charge of things unofficially.

So Deiselblue, everything has to be in agreement with both parties (beneficiaries) before anything is done and is this done verbally or in writing?
And if there is a disagreement it has to go to auction? Theres no way the administrator could sell privately to whoever they wanted?


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## Deiseblue (18 Oct 2010)

No matter what decision is reached re the disposal of the farm both beneficiaries will have to agree.


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## probate (18 Oct 2010)

Thank you. My father though has dementia. Is it possible for one of his children to represent him?
As we don't have power of atorney for him we are worried he will be taken advantage of.
At the time of the death of his brother he would have been able to hold a conversation, now unfortunately he would not be able to do this let alone make decisons
The solicitor has refused to answer our calls.


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## PaddyBloggit (18 Oct 2010)

Get your own solicitor involved.


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## probate (18 Oct 2010)

Paddy I take it then the solicitor will be acting on behalf of my father and the administrator and their solicitor will have to  reply to him?

Sorry I know these questions may sound dim wittted but it's our first time dealing with this so thanks


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## Deiseblue (18 Oct 2010)

You need to take independent legal advise , in this instance the solicitor acting for your uncle may face a conflict of interest in acting for you and your father also.


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## Padraigb (18 Oct 2010)

The first issue is that your father has a legal interest in the estate, but is not in a position to give expression to it due to dementia. You do not have any legal standing. If you need that to be sorted out, you need to involve your own solicitor: you are entering difficult territory, not suitable for non-specialists.

I presume that your uncle who is the administrator is not suffering from dementia. He has an equal duty to both beneficiaries, and has no right to do anything which benefits himself (and through him, his son) more than it benefits your father. You believe that may be happening. That concern should be communicated to the solicitor dealing with the estate, preferably by a solicitor acting in your father's interest.

You also believe that the administrator's son is meddling in the administration. That concern should also be communicated to the solicitor dealing with the estate.

In general, where the beneficiaries can not agree on a sale or transfer of land, the preferred practice is to go to market by way of auction.


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## probate (20 Oct 2010)

Thank you Padraigb for your very clear post.

We will get our own solicitor to represent my father
Thanks to all who posted


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