Father died with out will

Spursyiddo

My father died about 8 years ago without leaving a will. He left a terraced house which is gone derelict.

Another issue for me is he was not on named on my birth certificate.

Someone wants to buy the house for cash and say they will do all the legal stuff themselves but I don't like the idea as I don't believe it would be that simple

I just don't know where to start, would anyone have advice please.

28064212

Do you know that the house belongs to you? Was his estate distributed, do you have the deeds? You can't sell something you don't own. The buyer might claim they'll deal with it, but if they hand over the cash to you, and a month later someone with proof of ownership comes along and tells them to get the hell out of the property, they won't shrug their shoulders and say "damn, bad investment", they'll come after you to get their cash back.

Get proper legal advice. Go to a solicitor and ask them what you would need to do to sell the house

SuperBowserWorld

You need a decent solicitor to sell the house on your side and also to sort out the birth cert stuff. Also any other "legal" stuff that might be bothering you. The buyer will also have their own different solicitor. Your solicitor is looking out for you. You need to have all your bases covered until the sale is fully complete and you are legally covered in case of any shenanigans later. Also, the buyer might be availing of derelict house grants etc etc so don't undersell.

Atlantic Dawn

First thing I would do is see who's name the house is in, if it was never in your fathers name it will become much more complex. For €5 on Landdirect.ie you can see the ownership details of any residential property.

o1s1n

https://www.boards.ie/discussion/comment/122362700#Comment_122362700

That's a good first step but just to note that there are unfortunately loads of properties not actually listed on landdirect.ie. I'd say given this property last traded hands a long time ago it probably won't be there.

Atlantic Dawn

https://www.boards.ie/discussion/comment/122362756#Comment_122362756

Yes I think mid to late 70's onwards should be there, anything pre that may not.

Ezeoul

Always source and use your own legal representation.

Did you have a relationship with your Dad while he was alive, or do you have any siblings?

It is possible to apply to have him declared as your father (and add his name to your birth cert posthumously) via a Declaration of Parentage, but that is another legal discussion!

Robbo

https://www.boards.ie/discussion/comment/122362771#Comment_122362771

It depends on which county you're talking about. Compulsory first registration started in the 1970s but took a long time to cover the full 26 counties, with Dublin and Cork falling into line in 2011. The proportion of registered land in Dublin is still quite low compared to many other counties.

Jim_Hodge

Bottom line is you need to contact a solicitor regarding the sale and probate on your father's estate.

Claw Hammer

Fisrt off, you need to find out was there ever a grant of administration of your father's estate taken out.
If not, whoever proposes to sell the property will have to take out letters of administration.

The birth cert is irrelevant as long as there is some evidence you are in fact the son of the deceased.

Did he pay maintenance for you at any time?

How did your father obtain the house?

Purchase, council house, inheritance, gift?

Spursyiddo

Thanks for all responses , i have the deeds of the house and it's in his name , their is no one else for the house . we had a normal father/son relationship. its my intention now to source a solicitor and see where i go from there as it might cost more in legal fees than the house is worth

monkeybutter

https://www.boards.ie/discussion/comment/122398198#Comment_122398198

Where is your mother is the first question

Lenar3556

https://www.boards.ie/discussion/comment/122362771#Comment_122362771

It varies by county, in many cases it wasn’t mandatory to register title with land registry until well after 2000. So it can be hit and miss what you find there unless there has been recent dealings.

Ezeoul

https://www.boards.ie/discussion/comment/122398227#Comment_122398227

As the OP's father's name was not included on his birth certificate at the time of his birth, I think its safe to assume his parents were unmarried, and hence his mother would have no claim on his father's property.