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House inheritance between two sons

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  • Registered Users Posts: 61 ✭✭bigpaudge


    SozBbz wrote: »
    Few things....

    Its not uncommon for in laws to become close. Especially with you sister having passed away - its quite logical that your dad wants to include your BIL as to not do so, he'd be effectively denying her children (his grandchildren) any portion of that.

    Secondly, this may sound harsh, but you're not entitled to that house. How is your BIL "taking away any security you have left?" You're a grown up, living out of the country so clearly able to sustain yourself.

    The fact that your BIL has his own money also is frankly none of your business.

    Sell up when the time comes, take the money and invest it in a home of your own if you want security.

    Actually I digress. My father worked his whole life and saved and paid a mortgage on the house and that bit of land. Its the only tie I have to Ireland, I know its only bricks and mortar but by selling it we (I) give up all that. I see it as an inheritance for my children and my families children, renting it out creates an income forever, sell it and its gone. Yes I'll have 100K but what can I buy with that nowadays? A run down cottage in Co.Clare perhaps.


  • Registered Users Posts: 220 ✭✭mlem123


    bigpaudge wrote: »
    Actually I digress. My father worked his whole life and saved and paid a mortgage on the house and that bit of land. Its the only tie I have to Ireland, I know its only bricks and mortar but by selling it we (I) give up all that. I see it as an inheritance for my children and my families children, renting it out creates an income forever, sell it and its gone. Yes I'll have 100K but what can I buy with that nowadays? A run down cottage in Co.Clare perhaps.

    Obviously this is upsetting for you and I'm sorry to hear that.

    But in your own logic - maybe he wants his other set of grandchildren to also have a bit of security? Would you be in a position to but BIL out?


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    bigpaudge wrote: »
    Actually I digress. My father worked his whole life and saved and paid a mortgage on the house and that bit of land. Its the only tie I have to Ireland, I know its only bricks and mortar but by selling it we (I) give up all that. I see it as an inheritance for my children and my families children, renting it out creates an income forever, sell it and its gone. Yes I'll have 100K but what can I buy with that nowadays? A run down cottage in Co.Clare perhaps.


    You still only have 100k (50%) its just feels like a whole house, but it isn't.

    Why not offer to buy out the BIL and get a BTL mortgage on it.


  • Posts: 5,121 ✭✭✭ [Deleted User]


    Why do you see it as an inheritance for your children?
    If you have 2 they will have a quarter each.
    If you have 3 they will have one sixth each and be sharing ownership with cousins.

    Other than having a grandfather in Ireland do they have any connection to here?
    I can see your point of view that this will be a physical link to Ireland after the death of your father.

    You say if you sold the alternative might be having something like a cottage in Clare - would that be so bad? Could you make your own family story there?

    I understand the attachment you have to it but the practicalities are that it isn't your decision.

    Relatives of mine were in a somewhat similar situation - siblings were left the family home equally between them - the only one who wanted to keep it was the one who had left Ireland in the 80s and returned there occasionally for a holiday. He accepted that his brothers and sisters weren't going to keep maintaining a house and garden for his holidays and it was sold.


  • Registered Users Posts: 1,889 ✭✭✭SozBbz


    bigpaudge wrote: »
    Actually I digress. My father worked his whole life and saved and paid a mortgage on the house and that bit of land. Its the only tie I have to Ireland, I know its only bricks and mortar but by selling it we (I) give up all that. I see it as an inheritance for my children and my families children, renting it out creates an income forever, sell it and its gone. Yes I'll have 100K but what can I buy with that nowadays? A run down cottage in Co.Clare perhaps.

    Actually your first response was correct before you changed your post.

    you can disagree all you like, but it doesnt matter.

    Your father is rightfully leaving your sisters share to her husband and children. As you say, he worked for that house, so its his decision, not yours.

    As you've been told by countless posters, you have 2 options. You either sell up or buy your BIL out.

    You sound incredibly naive about the proposition of being a landlord, especially on a house thats not had anything done to it since 1980. Not to mention from abroad, which is a further complication.

    You're also not entitled to keep a stake in Ireland just because you no longer live here. Move back if you wish, but what you've said above is nothing beyond sentimentality. The terms of his will seem clear and reasonable to me. You know what your options are. Banging on about a sense of stability (you are an adult, you should have that in yourself by now) does not change the facts.


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  • Registered Users Posts: 4,695 ✭✭✭December2012


    So your dad is close to your bil. Is he close to you? If so do you really want to dishonour his wishes and squabble with your BIL?

    Do you not think it is a bit tasteless to be talking about your father's property (and it is still his, to do whatever he wants with, or to use to fund his own nursing home care under the fair deal scheme) while he is still alive?


  • Registered Users Posts: 61 ✭✭bigpaudge


    So your dad is close to your bil. Is he close to you? If so do you really want to dishonour his wishes and squabble with your BIL?

    Do you not think it is a bit tasteless to be talking about your father's property (and it is still his, to do whatever he wants with, or to use to fund his own nursing home care under the fair deal scheme) while he is still alive?

    He's not resident in Ireland, he is already in a care situation. I don't want to squabble with anyone, I want to find out where I stand; forewarned is forearmed. Thanks to all the posters and advice I now see my options a lot more clearly.


  • Registered Users Posts: 61 ✭✭bigpaudge


    SozBbz wrote: »
    Actually your first response was correct before you changed your post.

    you can disagree all you like, but it doesnt matter.

    Your father is rightfully leaving your sisters share to her husband and children. As you say, he worked for that house, so its his decision, not yours.

    As you've been told by countless posters, you have 2 options. You either sell up or buy your BIL out.

    You sound incredibly naive about the proposition of being a landlord, especially on a house thats not had anything done to it since 1980. Not to mention from abroad, which is a further complication.

    You're also not entitled to keep a stake in Ireland just because you no longer live here. Move back if you wish, but what you've said above is nothing beyond sentimentality. The terms of his will seem clear and reasonable to me. You know what your options are. Banging on about a sense of stability (you are an adult, you should have that in yourself by now) does not change the facts.

    Thank you, honestly, I appreciate everything that has been shared. I see where I stand.


  • Registered Users Posts: 14,928 ✭✭✭✭loyatemu


    so none of you are Irish residents, you're really drip feeding the information to us here.

    I'm not sure if Irish inheritance tax applies at all - you need to check with an accountant, there are all sorts of issues around residency vs domicile and double-taxation.


  • Registered Users Posts: 61 ✭✭bigpaudge


    mlem123 wrote: »
    Obviously this is upsetting for you and I'm sorry to hear that.

    But in your own logic - maybe he wants his other set of grandchildren to also have a bit of security? Would you be in a position to but BIL out?

    If I had a morgage I could buy him out, but I don't have a 100K lying around.


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  • Registered Users Posts: 61 ✭✭bigpaudge


    loyatemu wrote: »
    so none of you are Irish residents, you're really drip feeding the information to us here.

    I'm not sure if Irish inheritance tax applies at all - you need to check with an accountant, there are all sorts of issues around residency vs domicile and double-taxation.

    I'm considering moving back to Ireland in the next couple of months.


  • Registered Users Posts: 2,719 ✭✭✭ec18


    I think you need to look at a different way, that your Dad isn't leaving half the house to your BIL but to his grandchildren for their future. Or at least that's how I'd interpret the situation


  • Registered Users Posts: 141 ✭✭mick987


    Can understand why father has made BIL executer of estate and why BIL does not want to communicate with poster.


  • Registered Users Posts: 3,825 ✭✭✭IvoryTower


    mick987 wrote: »
    Can understand why father has made BIL executer of estate and why BIL does not want to communicate with poster.

    The father is still alive , why would they talk about it now?


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    bigpaudge wrote: »
    He's not resident in Ireland, he is already in a care situation. I don't want to squabble with anyone, I want to find out where I stand; forewarned is forearmed. Thanks to all the posters and advice I now see my options a lot more clearly.

    If he is in a 'care situation' its entirely possible that the property may have a lien on it- garnishing up to 22.5% of the value of the property- if the owner of the property is in nursing home care.

    It depends of course.


  • Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    bigpaudge wrote: »
    He's not resident in Ireland, he is already in a care situation. I don't want to squabble with anyone, I want to find out where I stand; forewarned is forearmed. Thanks to all the posters and advice I now see my options a lot more clearly.

    Unless you are prepared to buy you BIL out, he can force the sale.


  • Registered Users Posts: 14,928 ✭✭✭✭loyatemu


    If he is in a 'care situation' its entirely possible that the property may have a lien on it- garnishing up to 21.5% of the value of the property- if the owner of the property is in nursing home care.

    It depends of course.

    that's "Fair Deal" you're referring to (it's actually 22.5%), he's not in Ireland so it won't apply.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    loyatemu wrote: »
    that's "Fair Deal" you're referring to (it's actually 22.5%), he's not in Ireland so it won't apply.

    The father is- the son and the son in law- are not (unless I've misunderstood the rather convoluted back story that the OP has painted).


  • Registered Users Posts: 14,928 ✭✭✭✭loyatemu


    The father is- the son and the son in law- are not (unless I've misunderstood the rather convoluted back story that the OP has painted).

    they're all abroad, only the house is in Ireland:
    bigpaudge wrote: »
    He's not resident in Ireland, he is already in a care situation.


  • Registered Users Posts: 13,994 ✭✭✭✭Cuddlesworth


    bigpaudge wrote: »
    Actually I digress. My father worked his whole life and saved and paid a mortgage on the house and that bit of land. Its the only tie I have to Ireland, I know its only bricks and mortar but by selling it we (I) give up all that. I see it as an inheritance for my children and my families children, renting it out creates an income forever, sell it and its gone. Yes I'll have 100K but what can I buy with that nowadays? A run down cottage in Co.Clare perhaps.

    Heard this a while back.

    If you got handed 100k in cash tomorrow, would you go out and buy your old family home for the purposes of renting it out? If it would be, then that's what you really want to do. If its not, then nostalgia is making your decision for you.


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  • Registered Users Posts: 1,178 ✭✭✭Mango Joe


    bigpaudge wrote: »
    I can't figure out what YOU presume, I am not a mindreader. I know what my old man put in his will because he sent me a copy. I am stating the facts as they are, I never mentioned he had died, thats what you read into it.

    This post from a year and a half before the above proves otherwise to me: 23/09/2018
    bigpaudge wrote: »
    Hi guys,
    I'd like to get your feedback on how to go about renting a room in a three bed-semi in Dublin West. The house needs a lot of work but it is habitable. I am planning on living there myself and renting out a room. I know the place does not have all the mod-cons but I am prepared to put in some work to bring it up to scratch. Basically it was my old mans house (he's moved on to a better place now) and he didn't do much to keep it up to date.
    For the location and the level of comfort of the house I was thinking €400 a month would be OK? Where should I advertise? Should I ask for a deposit? Who should I let to? Any ideas greatly appreciated.
    Thanks

    Obviously a "better place" could mean a lovely house with underfloor heating and manicured lawns..... But I honestly think you've intentionally been leading people to believe your Father passed away as you feel awkward about exploring your inheritance opportunities on here while he's still alive.

    Other people have mentioned that your Father leaving half that house to your BIL means he is leaving something to his two Grandchildren who are his own flesh and blood.

    Also it does mean an awful lot when people are present, thoughtful and caring during the tough times around bereavement and grief as you've said this man was.


  • Registered Users Posts: 1,732 ✭✭✭poker--addict


    Still not sure the thread adds up.

    Anyway, this is simple albeit cold.

    Owning property from abroad is a pain.
    There is no room for emotion or sentiment given the factors at play.
    There is no room for ownership/business with someone you are emotionally and geographically distant from.

    Sell it now. Or ask for the will to change so it is sold immediately later.
    It is likely falling apart the longer it is left too.

    😎



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