Father being forced out of his home

S

sandra

Guest
I would appreciate any advice or help on this one. My grandparents are both dead, the last being my grandmother who died 4 years ago. My father who is 64 lived with my grandparents for 18 years and took care of them in their old age, he is still living there at present. His siblings are organising to sell the house. My father has nowhere to go and wont have enough money from his share to buy a home for himself.

Does anyone know anything about his rights? Does he have a right to protest? Can he continue to live here? Is he entitled to a larger share to help buy a place for himself to live? The house will be worth quite a lot of money but when divided it certainly wont be enough to purchase a place to live in Dublin where his own children and grandchildren reside. Naturally this business is making him ill, any advice would be great.
 
Was there a will? There does not seem to have been one from what you say in which case his parents did not make provision for him. And he obviously did not try to safeguard his own position by asking them to provide for him.

He is in the same position legally as the rest of his siblings and technically it would seem that they are entitled to force the sale of the house. is there bad feeling here? Why would his brothers and sisters want to sell? Do they want their share of the estate?

Presumably however other members of his own family will be able to make sure he is not homeless. Have you made enquiries with the Local Authority? Will they rehouse him?

He does need to see his own solicitor to get a proper perspective - taking into account any particular issues that arise in the particular case.

mf
 
I cant blame them wanting their share and to be fair they waited 4 yrs to do it.If no will is left then money gets splits equally which might be a bit harsh on your father. Remember he lived rent free for the last 4 yrs and maybe longer when they where alive. I do think they deserve their share but maybe he should get a little more, ie if there are 4 siblings he should get maybe 30% leaving them 25% each, this is a reward for him for looking after them. Did he expect the house for himself ?
 
If he minded your grandparents he can make a claim off of the estate to that effect, a few extra grand as far as i reckon. I know where this happened - person died without a will & house was being sold by distant cousin and volunteer helper godchlld no relation was left high and dry - she put in a claim for relief for being the persons carer & got something but i don't know how much.
 
Nice bit of math Dodo.

On the issue on hand, your father may be able to claim squatters rights. It could get messy, which you may not want, a solicitor may be able to set you right.
 
The Punter said:
Nice bit of math Dodo.

On the issue on hand, your father may be able to claim squatters rights. It could get messy, which you may not want, a solicitor may be able to set you right.
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you can't squat in a house you own (part of).....
 
If your grandparents died intestate (i.e. without will) then their children are entitled to an equal share in the estate. However, it might be worth looking for legal advice on this. I think the Succession Act might be of use. This allows the courts to make provision for a child where the parents have not already done so. In this case your father might be able to get a larger sum.
 
At the risk of being a litte insensitive here, my view would be; Sell the house if thats what the majority want, each takes their share, and your father presumably gets to live out the rest of his life in a nice rented accomodation close to relatives, assuming he gets enough money to do that. Problem solved. Everyone moves on and enjoys their respective lifes, b******t out the window! Don't go legal on this. Life is too short I promise you!
 
Hi Sandra...do your father's siblings need the money right now? If they understand the situation as you describe it, they seem awfully cold people to me. Why would they inflict this on their brother at this age of his life, especially after he took care of their parents in their latter years? Could your father agree with the siblings to stay in the house until he dies and then will it back to them or their children if they're deceased at that time. and/or could he remortgage part of it and give them some cash now. There's nothing like a house to rip a family apart.
 
sandra said:
There's nothing like a house to rip a family apart.
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That's right and with what you're suggesting thats gaurenteed to happen! The OP's father needs a dose of reality. Sell the damn thing and move on....and move quickly to avoid bad blood. The house is not his, he should pre-emt getting out without having to be asked to.
 
badabing said:
That's right and with what you're suggesting thats gaurenteed to happen! The OP's father needs a dose of reality. Sell the damn thing and move on....and move quickly to avoid bad blood. The house is not his, he should pre-emt getting out without having to be asked to.
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All very well but when your faced with homelessness it can be very daunting. Of course he is a realist and knows the house will be sold anyway, if you remember I was just looking for advice and options, not help to start world war 3 within his family.
 
Your father needs independant legal advice promptly. There is a possibility that he might be able to claim more than his share on intestacy. There are a number of different ways in which he might be entitled to do so- as a creditor of the estate, under the doctrine of legitimate expectation, under occupation as a surviving joint tenant depending on when your grandfather died, among others. Please do make an appointment for him with a solicitor without delay.
 
If your father has been providing for the upkeep of the house, paying bills, paying off a mortage over the years etc he may well have a greater beneficial interest in the house, seek legal advice immediately

N Solo
 
sandra said:
All very well but when your faced with homelessness it can be very daunting.
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Hello he is your father why should his family feel they have a moral duty to "forget " about their inheritance when you don't suggest letting him have a home with you? He is not going to be any more homeless than he already is because he never owned a home (- if thats the case i was homeless at 18 when i moved out of my family home and into the rental market).

As for paying bills making a difference - if he was living there rent free and using the utilities then he should have paid the bills.

he should not stand in the way of the house sale now, in my opinion.
 
nelly said:
if he was living there rent free and using the utilities then he should have paid the bills.
.
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He has a beneficial interest in the home especially if he was paying the mortage, updating the property etc

N Solo
 
Suppose the circumstances were as follows:

Lazy good for nothing feckless youngest son never got off his fat a*** to do anything much, moved back home with parents in his 40's, stayed there rent free until now, never seemed to be able to hold down a job, problems with authority, ok, did help look after parents as they got older. Rest of family got on with it, bought their houses, reared their kids, did as much if not more than l g f n f y s and see no reason why he should continue to live the life of Riley at their expense.

Would reaction be different?

mf
 
Well, if we are going to dwell in ' What if land'...and seeing as how its Friday afternoon and my phone has gone temporarily, blessedly quiet...what if the situation is- son about to start on the property ladder with affordable house in mind is enticed to come home and look after elderly parents on the understanding that the house would be his one day. Now, 16 years on he is priced out of the property ladder, his parents didnt make the will as promised and his siblings want their cut.
 
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