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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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My brother dies in January last without a will. My three brothers

Customer Question

My brother dies in January last without a will.
My three brothers and sister seem to be happy to facilitate me becoming the owner.
The oldest brother who asked to be appointed executor/administrator says that it must first be trasnsferred into the five names of the remaining siblings before they then transfer title to me as he says it would cost over 5000euro more to transfer it directly to me with express agreement of the other four.
Is it is more costly to effect the transfer in one move-directly to me, I would be grateful if you could confirm so.If I am able o pay that cost if it obtains, is there any known legal impediment to the agreed transfer happening in one deed transfer to me rather than first a transfer to us all and then a transfer to me.
The house was never actually transferred to my deceased brother though he was the stated beneficiary in my parents will.He had a serious drink problem which eventually contributed hugely to his untimely death.It seems my older brother- executor/administrator then too, didn't complete the transfer.It seems he had concerns about my brother's having the title.I only discovered that in very recent months.
Thank you for your time.Micheal.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. In order to get a good legal discharge, both legally and from a tax point of view, it will be necessary to put the house into the names of all five beneficiaries before it can be assigned to you on your own. Otherwise your brother would not be administering your deceased brother's estate properly. Whilst this might seem cumbersome this is what is required of the administrator. Basically inheritance tax will be payable by the estate of your deceased brother and it is on this basis that the first transfer to all five brothers and sisters will be taxed. Transfer to you then takes place afterwards. This transfer is totally separate to all dealings with the estate. Be aware that your brother as administrator will be getting legal advice as to the proper procedure to follow by the solicitor dealing with your brother's estate. Be aware additionally that if the transfer went directly to you, then you would be liable to a large Capital Acquisitions TAx liability as your exemption for gifts or inheritances from your deceased brother is only 32,000 euros. So the double transfer is designed to save ;you a tax liability also.

JACUSTOMER-xrr85riq- :

You are an excellent lawyer and very clear in explaining which is very very useful.

JACUSTOMER-xrr85riq- :

A very clear, understandable and much appreciated answer.Does the same requirement and saving apply in the case wich I believe obtains that my deceased brother who occupied the family home until his death was never transferred the title after my mother's death meaning I assume that the title is still in my mothers name and therefore presumably separate from the administration of my deceased brother's estate-which is mainly a sum of money and debts,a car and a bike.I believe the administrator brother didn't effect the transfer of the family home 7 years ago after my mother's deathbecause of my deceased brother's drink problem,though I believe my deceased brother wasn't happy about same.If the title is still in my mothers name does your original answer still obtain in essence.Ot could a single transaction of transfer to me work on waiver by sister and three brothers of their interest.Many thanks,Michael

Customer:

2. At the outset, be aware that the reason your brother did not transfer the title into your deceased brother's name originally was probably a protective device suggested by the solicitor. Where you have someone who is drunken, then it is better title is not in their name as then they can deal with the house and fritter it away. Accordingly, it is then better that they do not receive title but it remains in some other protective person's name. Here your deceased mother and father's names. Secondly, even if title is in your deceased mother's name, then it would still have to be transferred as the legal title suggests, as the transfer of the house must be in accordance with law. Title to the house is given by your late mother's will but it prescribes that it must be transferred to your deceased brother's name and then into the names of all you five siblings as this is what the rules relating to wills and intestacy (no will) lay down. You cannot just (magically) carry out one transfer, as there is no chain of title to the house which allows this to occur.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks for your detailed answer.

Is there a mechanism or provision or acceptable methodology by which my remaining three brothers and sister can sign in a legal document their request to forego their share of the title such that it transfers to me alone.

also, is there any time requirment, insofar as the transfer to my deceased brother never took place though my mother is deceased since February 2007.Therefore, could the title remain for a further period in my mother's title(which I presume is the current state of affairs).If the latter is correct, is the transfer of house title not a remaining matter from mmy mother's will and completely separate from my deceased brother's intestate effects.Does the house transfer have to be part of the disposal of my brother's assets at all?

The older brother who is administrator is saying that the house cannot be dealt with separately from my brother's late affairs.I am wondering if they are legally separate matters.

My oldest brother/administrator and middle brother request that the money remaining in my brother's estate be signed over by us to them(i believe the others have signed to that effect) in discharge of medical costs they incurred in the past caring for my brother.It seems they will not actually be getting any cash as the money they are seeking we sign over to them is to be used to pay my late brother's debts in full.If the latter is to take place is it necessary to sign over the amounts they are claiming for costs they incurred in medical expenses for my deceased brother.Is it necessary for me to sign that or could I agree consent to have the money of the estate used in full to pay my late brothers debts without the specified amounts being paid to my respective brothers.

Some issues arise re. the house- it doesn't comply with council standard apparently in respect of sewage being neither attached to a main system nor having a septic tank.At present it seems a pipe leads straight into the river seemingly not in compliance with requirements.The middle brother has land adjacent to the property which could accomodate a septic tank(should he allow it and/or charge for same) but to access that land the adjoining house's(public house) yard would have to be traversed and the proprieter(a cousin) has said his solicitor doesn't recommend permitting same.(my brother/administrator has asked,I believe).My intention was to move into the house with my spouse and children but if the property is in the names of all the family, I am concerned that complications of any/many kinds might arise and at present I need to keep matters as clear and simple as possible.the plan to move in relates to being in a mortgage free property for practical reasons.I am thinking of mattersw like house insurance,property tax, water charges, remedying the sewage situation and other questions that might arise- making smaqll alterations to the property.I am not sure it is prudent to make the move at all until the title is clarified.How long might a double title change take?Is there a means by which, in signing the document re. title to all siblings, money to brothers etc, I could request an amendment to it to include a specific section confirming that the siblings are signing the title to me or is it necessary to rely on goodwill and a presumed agreement.I appreciate that I have a number of items raised in the one posting but am trying to be comfortable that moving my children quite a distance from their current home wouldnt backfire and require a further move ater as I have a very large family.

Many thanks,Micheal

Expert:  Buachaill replied 2 years ago.
3. Firstly, a Deed can be signed whereby your sisters and brothers agree to relinquish their shares to you. However, this will have adverse tax consequences for you as you will be taxed on the full amount over 32k. Secondly, as I have attempted to explain, the proper legal chain of title has to be followed without the house "jumping" from your mother's legal ownership directly to yours. So it has to be through the intermediate stage of being your brothers. Thirdly, you could agree to have your brother's money used to discharge his debts rather than being signed over to your brothers. Fourthly, I would not advise a move into the house until the title is sorted. However, you could enter under a caretaker's agreement. Title will be perfected in a matter of weeks. Maybe six weeks.