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Inheritance

  • 10-10-2013 4:44pm
    #1
    KTMurphy
    Registered Users Posts: 6 ✭


    I am NOT looking for Legal Advice, we have a solicitor. I am looking to see if anyone has been in this situation.
    My Mum and Father separated 25 years ago they are not legally divorced. He has not paid child support or paid for the house we grew up in. I have no memory of him as I was 3 when it happened and have never seen him since. My Mum is now terminally ill, his name is still on the house. She is currently working on a will. We have had someone contact him and first he agreed to remove his name, now after talking to his solicitor he wants a 1/5 of the house when we sell it after her death. I'm looking to see if anyone has had something similar happen or know of anyone who has and what the outcome was. He has a partner with whom he has 2 children and we found out that there is another child with someone else who may have been born while my Mum and he were together. I am hoping to hear about other outcomes or if any one knows of some where I can read up a lot on this subject. Again I am not asking for Legal Advice


Comments

  • #2
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    When you say they separated, did they simply become estranged, or was there a deed/ judicial separation?

    If the latter, does your mother, or solicitor, have details of the latter including any succession agreement ?


  • #3
    KTMurphy
    Registered Users Posts: 6 ✭KTMurphy


    I guess estranged would be the correct term, she kicked him out for being abusive and having an affair.


  • #4
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    This is not legal advice, I am quoting directly from the courts.ie website.

    http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/216A5CF37F47DD5D802575AF003E0EDC?opendocument&l=en
    Where a separation agreement is presented wherein succession rights have not been addressed, the surviving spouse retains his/her legal entitlement to extract the grant unless he/she exercises his/her right to execute a renunciation or disclaimer in the matter.

    I am sure your solicitor will advise further.

    My only practical, non legal comment would be that the courts service provide a handy document in that link above, try get the man to show some personal responsibility.


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