Elaine Corcoran is a Solicitor working in Ringsend, she is mum of two boys and lives locally. She is here to answer readers’ questions and to give some guidance on current legal trends / developments. Elaine can be contacted on 01 5617900 or by email: elaine@corcoransolicitors.com
Please email any questions that you have for Elaine to newsfour@gmail.com.
Dear Elaine
My mother passed away last month and didn’t leave a Will. It’s all a bit of a mess, I will need to sell the house and I am not sure where I go from here. My dad passed away eight years ago and I am an only child. What do I do and how long will this process take?
Janet.
Hi Janet,
As your mother didn’t leave a Will, she is deemed to have died intestate. As the nearest next of kin you will be entitled to extract a Grant of Letters of Administration. If matters are straightforward and you are willing to undertake the research and paperwork, you can make a personal application to the Probate Office. If you do not wish to take sole responsibility for completing the documentation and administering the estate, you can appoint a solicitor who will see the process through with you. The Grant, once issued, authorises you to gather the assets and distribute them, for example, withdraw money from bank accounts and sell any property. Depending on how complex the estate is, the process could take anything from 3 -12 months.
Dear Elaine,
I inherited my home from my father a number of years ago. The house is in my name only but it has been suggested that I put the house into the joint names of myself and my husband. What are the benefits of doing this and can I not just put it in my Will that I want my husband to take the house? Are there any tax consequences of putting the house into the joint names of myself and my husband?
Sally.
Hi Sally,
If you place your house into the joint names of yourself and your husband and you register your ownership as joint tenants, there is a right of survivorship. This is very important as if you pass away before your husband, the house automatically transfers to your husband. If however you were to pass away with the house in your sole name and simply will the house to your husband, it would be necessary for your executors to apply to the Probate Office for a Grant of Probate. A Grant of Probate can be expensive to obtain and can take anything from 6 months to a year depending on Probate Office delays.
It is without a doubt more straightforward to place the house into joint names before you pass away. It is a relatively simple and inexpensive task. There is no tax payable between a married couple. Your local solicitor can assist you or you can visit tailte.ie for more information.
