executor time limit

[stressed out]

hope someone can help me.my mother died six years ago.probate finally came through last june.my sister who is exector has not carried out my mothers wishes and wont deal with it.can anyone tell me what is the time limit an executor has to deal with a will.i thought they swear a oath to carry it out.as a beneficiory what can i do.idont live in ireland and i dont have a great deal of money.i just want my mums things sorted out.stressed out

 

[Vanilla]

I believe you should take legal advice in relation to this issue. Unfortunately there are strict time limits in relation to claiming benefits from estates and if a claim isnt made within the appropriate period you can lose your claim.

 

[Marie]

It may reduce your stress to know that these family dynamics are more frequent than most people would believe!! As Vanilla suggests, you need to act. That might entail committing a few days to visit Ireland and engage a solicitor for yourself as (from personal experience) this is difficult from a distance. The Irish Law Society has a list of solicitors' firms here which can be searched by location. [broken link removed]

Meanwhile you can prepare as thoroughly as you can to keep costs down. Write out an account of the situation with - as far as possible - dates, contact details and brief details.

If you do not already have full details of the solicitor with whom your sister placed the probate work (processing your late mother's affairs, tracing and sorting accounts and paying dues etc., sale of assets) then you need to write to your sister formally asking for contact details.

It is difficult to keep going with such business when one is depressed and stressed after loss of a parent. Having a clear, brief written account of the situation and all the necessary information, dates and contact details and a clear, single "instruction" for the solicitor you appoint (you have to think exactly what it is you are requiring your sister to do, and why she must do it) will facilitate closure and the good outcome you desire.

I wish you well with it.

 

[Ravima]

i fully understand your position, but you must seek legal advise immediately. I went through the same procedure, with eight appearances in High Court. Executor did not agree with Will and would not sign the various forms to enable beneficiaries to get their share of the property. Eventually, the High Court appointed someone in the hogh Court office to sogn them. I do not yet know how much this cost, except serving summonses alone cost in excess of €1200.

Fortunately, negligent executor was also ordered to pay costs.