Siblings beneficiaries on parents will.

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Buddhabear

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My mum died recently.

She has left her property in Ireland equally between my siblings and I. We are all non-resident, living in the UK.

My eldest sibling who is the executor doesn't want to sell. She thinks it should just be rented out.

Can she stop the sale?

It's my understanding that the estate has to be valued and divided among the beneficiaries and it is the executors role to do this.

All advice gratefully received. :)
 
Buddhabear said:
She has left her property in Ireland equally between my siblings and I. We are all non-resident, living in the UK.

My eldest sibling who is the executor doesn't want to sell. She thinks it should just be rented out.
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Sorry for your loss.

Does the will state that the property is to be sold? If not the the executor should have the property transferred to the beneficiaries on the grant of probate.

Then the arguement is between the co owners, majority rule I would think. If tied then the ones wishing to retain should buy the others out.
 
Many thanks for your replies.

It is now many months on with no sign of resolution, though their has been other developments.



My dad is a bit confused and thinks the estate must automatically come to him, despite gently telling him about mums will. :(


Sister who lives with my dad is an executor. My brother is also an executor but is not interested in administering the estate.


Sister has seen a solicitor in Ireland.

Sister told us that the solicitor said, despite the will naming us as the beneficiaries, my dad would be entitled to a 1/3 of the estate, if my dad chose to dispute the will.


Is this correct?


So the whole process has stalled.


I feel frozen out of the process.


All my siblings are well off, while I am really struggling financially.


I don't want to upset my dad, but I need some resolution of this.

All this has left me feeling really sad and depressed.


Any advise, greatly appreciated.
 
Could you try and clarify?

Are you talking about the house your Dad lives in? Or is it other property? How many properties are involved? Is there cash?

Briefly, spouses must make provision for each other. If your mother made no provision for your father, then , yes, he is entitled to a share of your mother's estate. If the property is the family home, he may claim that with possibly some financial adjustment.

And if the only property is the house your dad lives in with your sister and he is very confused? How can it be rented out?

It would be usual, though not obligatory, for offspring to disclaim any share they might have been left in a family home where a surviving spouse lives. It gives that surviving spouse the security of owning their own home and the offspring usually have the comfort that they will get their inheritance later on.

In circumstances where an offspring seeks to claim their share, which they can do, it often amounts to the rest of the family funding that claim.

It is actually unusual for a family home not to be in the joint names of husband and wife - I generally only come across it with older clients or where, for strategic planning, property was transferred in to one name only.

Where property is in joint names, it does not form part of the deceased's estate but passes automatically to the survivor.


mf
 
No my dad is living in the house mum and dad lived in for more than 40 years. Hes very comfortably off, with a good pension.
Dad always was the main earner who looked after my mum.

My mum inherited the property that she left us in her will, when her brother died ten or so years ago. The property is a house with 20 or so acres.
 
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OP.
1: sorry for loss
2: what would your cut of the estate be if you Dad takes a 1/3 and the rest is divided between you.
The reason I ask is that the legal costs here can be pretty prohibitive, remembering that you would be paying your legals costs of any action you would start, where as the estate, i.e. you again/siblings, pays for the executors legal fees, so is the game with the candle?.
3: I would get a solicitor to write to your sister telling her you want her to extract probate, have the property sold and 1/3 set aside for your Dad if he wishes to contest the will.
4: this might help: do you have a PPS number for here?
http://www.citizensinformation.ie/e...estate/dealing_with_the_deceaseds_estate.html

ps, just to add to this
if everyone else is in the money, could they buy you out
 
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