Sibling forced sign over of house from parent

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decembersal

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Hi Guys, any views on the following scenario?

Can one of two siblings coerce the parent into signing over their house, while the parent is in a nursing home, and put the house up for sale? All without the knowledge of the other sibling!

 
I suppose it depends on what you mean by coerce. If by that you mean that the parent was not independantly legally advised, was perhaps not competent to sign any legal document, and entered into this transaction despite its being improvident, then there is a possibility that the transfer could be set aside. Although it would mean an immediate court action and costly fees if the sibling contested the matter.

However if by coerce you mean that the parent, of their own free will, having had independant legal advice and being of sound mind, voluntarily signed over their property to their child 'behind the back' of another child, then of course the parent is entitled to do whatever they want with their property, whether that be to sign it away to one child, or the cats home or whatever.
 
Hi Bridget
Circuit Court Equity Proceedings....possible €15,000 - €20,000.
 
Hi

Interesting one this, I am somewhat familiar with a similar situation - although in this instance, the sibling (in her 40s) put pressure on the parent (her mother, aged 70s at the time) by indicating she would not continue to meet daily household bills etc.

...The background to this being that the daughter had been paying most household bills for the previous few years, in return for rent free accomodation btw.

The sad thing, I hate to say it but I think in the majority of cases that I've heard about over the years (Im not in the legal profession btw), the sibling who is "at fault" tends to get away with it, while causing nothing but problems between family members ... problems which last a lifetime :(

regards


G>
 
decembersal said:
Hi Guys, any views on the following scenario?

Can one of two siblings coerce the parent into signing over their house, while the parent is in a nursing home, and put the house up for sale? All without the knowledge of the other sibling!
Click to expand...
Hi decembersal,
I would recommend that you get legal advise on this. I needed to get legal advise recently and did you know that the Citizens Information Ctrs provide free legal advise. They provide after work hours appointments, I was very impressed with the service.
 
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