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First Registration of mothers house

  • 18-07-2007 12:56pm
    #1
    Closed Accounts Posts: 30


    If anyone can help me on this i would be so grateful
    I know legal advice cannot be given but if anyone could share their experience with this id be grateful

    My mother died in early '03
    I am an only child and my parents were legally separated in the mid 90's
    My mother left a will naming me executor and sole beneficiary of her will but for reasons i cant go into the original will could not be located.
    I then was advised to claim intestacy as there were no other children and my father willingly signed an affidavit that he wanted no claim to the house and wanted me to be sole beneficiary. This all was back in 03

    The house was my mothers family home from the 30's where her siblings were also raised (Only 1 still living in london so far as im aware)
    Here lies the problem. I was never close to my mothers family and i am only just realising that there was a lot of bad blood there long before i was even born
    My father warned me that my mothers nieces and nephews may make trouble and sure enough my solicitor contacted me this morning to tell me that my mothers niece has objected prima facie and has been asked to lodge the affidavit of her objection. It has taken me this long to even get to registration it was that complicated and now this

    The thing is NONE of those nephews and nieces were raised in that house.. their parents had moved out and left my mum to care alone for my grandmother until she died , at which point my mother continued living alone in the house until she married my father and i came along. I was then raised in the house and continued living there until after my mothers death when it became clear to me that my mother had in fact not tied things up at all legally The house needs massive modernisation work to it and i could not and would not undertake that without security that i had my name registered as owner (and i was legally advised not to) so i have been renting elsewhere.
    It has taken me this long to get to here and now this person who i have not seen since the funeral and who has not even been in the house in years nor ever resided in it is lodging an objection !!

    I am sorry for the rambling post but i am so angry and upset and to top it off i have a daughter and a very serious illness so this house is the security for her in the event that anything should happen to me and the family would know that ..

    I am waiting for my solicitor to call me so i can clarify with her but i know until she has seen the objection that has been filed she knows as much as i do
    I am just looking to talk to anyone who has had this happen or can pm me even but really i just want to get some opinions as i just cannot think straight myself.

    My solicitor has said that considering the length of time my mums siblings were residing away from the house and that their kids were raised elsewhere and that my dad married mum and i was raised there , even if they object it will go nowhere but i am so distressed because i literally need that house to be mine for financial reasons while im undergoing treatment


    If anyone can help me i would be grateful
    I just cant think straight today


Comments

  • Registered Users, Registered Users 2 Posts: 292 ✭✭jubi lee


    did the grandmother leave the house to your mum?


  • Closed Accounts Posts: 30 aria-bella


    She didnt leave a will no
    Hence the length of time it has taken me to get to first registration

    My grandmother was old school and didnt get a will however by reasons of occupation alone in the house and then long term residency with my dad and then me so really my mum had been occupying the house for 30 odd years alone


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    You have my sympathies, but you'll understand that no-one here can give you legal advice on this situation.

    I have no objection however to people giving general support or relaying their own experiences.
    My solicitor has said that considering the length of time my mums siblings were residing away from the house and that their kids were raised elsewhere and that my dad married mum and i was raised there , even if they object it will go nowhere but i am so distressed because i literally need that house to be mine for financial reasons while im undergoing treatment
    I would listen to this and try to take solace in it. Given your and your mother's length of sole occupancy of the house, it would extremely unlikely for a niece or nephew to be able to put a hand on it.
    If it's really playing on your mind, then ring your solicitor instead of waiting for her to ring you.


  • Registered Users, Registered Users 2 Posts: 292 ✭✭jubi lee


    well i know someone who was in a similar situation. large family, 2 of the sisters never married and lived in the family home after the mother died. one sister had a son. after the 2 sisters passed away, he tried to sell the house, but due to the fact the house did not belong to his mother, the house reverted back to the siblings of the 2 sisters. the son can't do anything about it.

    best to see what the outcome is with the solicitor


  • Closed Accounts Posts: 30 aria-bella


    Seamus i know its tricky legally and i am defo not asking for legal advice :)

    I have left 2 msg's for my solicitor after i received the letter and am waiting for her call.. Ill keep trying ..

    I just feel so anxious.

    My fiancee sent me a great link with the intestacy succession diagram and after my dad (who has signed his rights away in favour of me) and myself my daughter is next to benefit. My mums nephews and nieces are 8th in the list but i simply cannot describe the pit in my stomach since i heard.

    I can only believe that they are either looking for a payoff to go away (which i will not do) or they know they have no hope and just want to delay the process as much as possible. I have never been close to them as they did not get on with my dad at all and im fairly sure this all goes back before my time. But i nursed my mum before her death in her house and my own little girl was raised there until my mums death and i could move to a better equipped house and if anything happens to me it is all i have to make sure that at least financially she is ok.. It sickens me tbh

    I have yet to tell my dad :( and i just found out this morning i have another bout of treatment to go so im just waiting to see what happens next today as they say it comes in threes

    I know it happens all the time in Ireland especially with the property obsession but when it is personal .. It really shakes your opinion of people.


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