Commanna girl
Registered User
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- 39
I would appreciate advise please:
My mother died testate in 2019, naming one of my brothers and my sister as executors. My father pre deceased my mother and there are four children. The property, which consists of a small shop with house over head was left to the two executors whilst any money remaining was to be divided into thirds, 1/3 to my brother, 1/3 to me and the remaining 1/3 to be divided between the two executors. Ironically my mother was in a nursing home for 5 years and did not get the fair deal until the last year therefore her savings were greatly diminished.
Over two years later and probate has still not been applied for. One of the executors is dragging their feet as they are afraid that the inheritance (half a property and approx €20k will affect their social welfare payment and they are living in Respond accommodation.
I know that there is no law that dictates the time frame in which probate should be taken out but my concern is :
Who is responsible for the shop/ house until the estate is sorted?
The rental income from the shop- does that belong to the estate or the two beneficiaries of the property?
I have asked as recently as January for an update regarding probate and have been told that they are waiting for a decision from Social Welfare (therefore no time frame given).
They were initially going to extract probate themselves but then decided to go through a solicitor - they had an initial meeting with the solicitor in July 2021 and were given a list of things to do and they have not gone back to the solicitor since.
How do I move things along? Any opinions very welcome.
Many thanks
My mother died testate in 2019, naming one of my brothers and my sister as executors. My father pre deceased my mother and there are four children. The property, which consists of a small shop with house over head was left to the two executors whilst any money remaining was to be divided into thirds, 1/3 to my brother, 1/3 to me and the remaining 1/3 to be divided between the two executors. Ironically my mother was in a nursing home for 5 years and did not get the fair deal until the last year therefore her savings were greatly diminished.
Over two years later and probate has still not been applied for. One of the executors is dragging their feet as they are afraid that the inheritance (half a property and approx €20k will affect their social welfare payment and they are living in Respond accommodation.
I know that there is no law that dictates the time frame in which probate should be taken out but my concern is :
Who is responsible for the shop/ house until the estate is sorted?
The rental income from the shop- does that belong to the estate or the two beneficiaries of the property?
I have asked as recently as January for an update regarding probate and have been told that they are waiting for a decision from Social Welfare (therefore no time frame given).
They were initially going to extract probate themselves but then decided to go through a solicitor - they had an initial meeting with the solicitor in July 2021 and were given a list of things to do and they have not gone back to the solicitor since.
How do I move things along? Any opinions very welcome.
Many thanks
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