House Not Divided Between Relatives After 25+ Years And No Will

[paulgreen]

I have an unusual question which relates to some relatives of mine.In 1987 there mother died leaving no will but a house,there are 4 siblings but 2 of them were not living in the property and 2 of them were and have continued to live there till this day.The title deeds have never been changed nor was any probate sought at the time.Now one of the group want to sell but for the 2 living in the house this might present a problem,I wonder if anyone knows where they all stand visa vie the ownership? can the house be easily disposed off or will it entail lots of extra work and money also would the 2 who have lived in the property continuously have an overriding claim?

Any help would be greatly appreciated

 

[mf1]

Look at this subjectively first.

Number one person, not living in the house, would like her share of her mother's estate. She is entitled to it and the other two have been living in that house for 27 years rent free. Its not really fair now, is it?

The two in the house. But this is our home. We've always lived here. We like living here. Its what Mammy would have wanted. We're not going anywhere. The highest Court in the land would never put us out on the side of the street. Woe, woe, woe is us. (Whisper, whisper - Should we be worried? )

The other non resident. Well the money would come in very handy if we sold the house but I don't want to worry M and P living in the house, though God knows, P could well afford to get her own house on her big salary and with her share of the proceeds.

Objectively, what would a Court say, if they can't all come to some agreement? Probably, sell the house, split the proceeds unless M and P want to/can afford to buy the others out.

And , of course, because there will be a marvellous range of unspoken hurts and grievances, not to mention the actual details of a particular case, its hard to know whether Number 1 would actually push for the house to be sold.

What do I think? Should have sorted it out years ago. Number 1 should talk to a solicitor and get a feeling for a likely outcome, were she to push for it.

mf

 

[j26]

It would all depend on the particular detailed facts of the situation, but the people living in the property may have barred the others and be able to claim title.

 

[Seagull]

Are there likely to be any issues over the fact that the estate has not gone through probate? Revenue might just come looking for their slice at some stage.