# Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to cor



## kristal (10 Mar 2010)

Hi
 Could anyone tell me what are the rights of a Next of Kin?

Who is ultimatly responsibilitly  in this case the Administer or the Solicitor of Record and who are these people answerable to?  

I've been consulting with a solicitor and he just keeps saying "Don't worry about it" but I would like very much to know as there are a lot of questions to be answered.

                     Thanks K


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## j26 (11 Mar 2010)

*Re: Rights of Next -of Kin*

Sorry, but that's way too vague to give an answer.

Do you mean succession rights, or rights to be informed, or something else?

The bit I can answer is that responsibility to administer an estate lies with the Administrator/Executor


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## kristal (14 Mar 2010)

*Re: Rights of Next -of Kin*

j26

Thank you for your reply.

I know I was very vague but I have to be. The administer has been, let's say, less than honest with the probate and other financial matters. That is why I need to know who she has to answer to. 

She has told me repeatly that she is the Administer and not me and to "butt out" (that is not how she said it but you can guess ).

Also I have sent my signed reciept to the solicitor last year and he still hasn't sent me my cheque and has refused to accept my phone calls.

 I don't have access to a computer very often and I am very new to all this.

                                             Thanks  K


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## mathepac (14 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

@kristal, I don't understand what you mean by "signed receipt" - for what exactly?

It sounds like the solicitor is acting under instructions from the administrator / executrix and cannot / will not respond to enquiries from from anyone other than his client.

If you feel the administrator / executrix is not discharging her responsibilities honestly or not in a timely manner, you may  seek advice from your own solicitor  and based on that advice decide whether or not to instruct them to issue proceedings against the administrator / executrix. This however, may prove to be a protracted and expensive course of action.

Given the lack of detail in your posts it is difficult to offer you any other suggestions. I'm sure the legal experts will offer you greater insight than I can.


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## kristal (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Thanks for your imput The signed receipt was for my money which I have not recieved a cent not even an inteirm payment  there are a number or irreglarities regarding this estate as it has not all been accounted for  I have never had to deal with the legal profession before .I do not have access to a computer and have had only a few basic lessons so please forgive me


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## Brendan Burgess (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Is this referring to an Irish estate?


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## Padraigb (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

It is known for solicitors to demand that receipts be signed _before_ they issue cheques. I encountered this practice, didn't like it, and phoned the Law Society. They told me it was acceptable practice.


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## Vanilla (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*



Padraigb said:


> It is known for solicitors to demand that receipts be signed _before_ they issue cheques. I encountered this practice, didn't like it, and phoned the Law Society. They told me it was acceptable practice.


 
Yes, it's a curious thing but solicitors acting on behalf of executors or administrators will ask for beneficiaries to sign a receipt before giving them their bequest/share- this is a receipt and indemnity which indemnifies the legal personal representative from actions by the beneficiary after they have taken the funds. It's best practice to insist on these receipts- but usually if the beneficiary attends at the office the receipt is signed and cheque given simultaneously. It's only if the beneficiary wants to be facilitated by the cheque being posted to them that they will have to sign in advance of receiving the cheque.


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## kristal (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Hi Mathepac
Who is this legal expert that you speak of and how do I contact them ?


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## ajapale (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Hi Kristal.

I think Mathepac is referring to a small number of posters here on AAM who happen to be  solicitors.

Can you confirm that your case relates to the Republic of Ireland?

aj


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## kristal (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Hi aj 

             Yes  in  Wicklow


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## ajapale (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Thanks Kristal, 

Occasionally we get questions relating to neighbouring jurisdictions and this leads to confusion. 

Apart from telling you not to worry what does your own solicitor have to say?

aj


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## kristal (20 Mar 2010)

*Re: Rights of "Next of Kin"? Administrator told me to "butt out" solr not replying to*

Hi aj
     He justs keeping insisting that I pay him to send yet another letter.but wont answer me  I just want some answers  1 What are my rights  2 Who are these people answerable to  My late Aunt was a widow with no children so I also want to know what type of law this comes under .


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