# Executor doing nothing.



## Valimatka (6 Feb 2017)

My Nan died nearly 3 years ago and my Uncle was named executor of the will. 
Since then it has taken him nearly 2 years to get the probate back and now he is taking his time in selling the house which my nan lived in.
It was her request that the house be sold and the money split between her 6 children. In the time it has taken for my uncle to actually do anything another of my uncles passed away due to cancer. 

At the moment another of my uncles and my aunt live in the house. They have known for a long time they need to move out yet they don't seem to want to even move.

The house has been valued and my mum at his request has made multiple appointments to see the estate agent.. which he has cancelled every time. As my Uncle has been named executor he's the only one that can deal with them as far as I know or my Mum would have dealt with them months ago.

Is there anything that can be done? 
This is getting ridiculous now with how long it has taken.
And since one of my Uncles has passed away will the money go to his daughter since he wasn't married but living with his long time partner.


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## PMU (6 Feb 2017)

Your Mum should write to your Uncle - the executor - referencing section 62 of the Succession Act on the time allowed for distribution of assets http://www.irishstatutebook.ie/eli/1965/act/27/section/62/enacted/en/html#sec62 asking him when he intends to distribute the estate. What happens next depends on his response, if any.  She might also ask as there are people living in the house what lease have they got, what  rent are they paying as this should accrue to the estate and what insurance is in place.  The point on insurance is very very important.


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## Valimatka (7 Feb 2017)

As far as I know.. and I could be wrong here. They aren't paying any rent. Or if they are nothing has been said to anyone else. All I know is that if my Mum asks about it she's seen as greedy for wanting her inheritance.


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## PMU (7 Feb 2017)

Valimatka said:


> All I know is that if my Mum asks about it she's seen as greedy for wanting her inheritance.


The duties of an executor are available here from Citizens Information: http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html.

As you can see the executor is “obliged to distribute the assets as soon as possible after the death (within a year if possible - you may be sued by the beneficiaries if you do not distribute the estate within a year)”. More importantly, the executor is “under a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation. For example, you should make sure that all assets required to be insured are insured for their market value.”.

I would be most worried that there are persons in the house.   I would strongly suggest that your mother write to the executor (a) asking when he will distribute the estate as required by law and (b) ask for a copy for the insurance policy on the house, and check if it provides cover in this situation (i.e. where there are people living in it).  Your mother should do this as a matter of urgency and request an immediate response.  Simply put, if adequate insurance is not provided where there are people in the house, if an unfortunate accident were to occur, that's your mother's inheritance up in smoke.

Your mother is not being greedy; she has a right to her inheritance and the executor has an obligation to protect the assets and to  distribute the estate once probate is obtained.


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## john luc (8 Feb 2017)

Inheritance is not greedy and no one should feel so. If a person decides to leave their own personal assets to someone and writes a will to that effect then that is their choice and other people's opinions on what they should have done are not relevant


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## Thirsty (8 Feb 2017)

> For example, you should make sure that all assets required to be insured are insured for their market value


I'm open to correction on this, but property in particular is insured for it's rebuild cost not market value.


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## mf1 (8 Feb 2017)

There is soooooooooooooooo   much more going on in this one!

There will be family history, fallings out, upset, different mindsets etc.,etc.

One  can be as rational and  clear thinking as you want but where there is, how shall I put it?, "attitude" 
1. From the executor who is not rushing into anything
2. From the uncle and an aunt living in the house who've been there for god knows how long and showing no intention to leave and 
3. From one beneficiary who, not unnaturally, wants her inheritance but is getting very impatient with the others!

There'll be a long wait unless someone takes them all on and causes Armageddon! 

Don the hard hats, lads.

mf


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## PMU (8 Feb 2017)

Thirsty said:


> I'm open to correction on this, but property in particular is insured for it's rebuild cost not market value.


  This is incorrect and the guidance from Citizens Information should be followed.   There is an obligation on the executor to distribute the assets as soon as possible after the death and there is a duty on the executor in the interim to preserve the assets of the deceased until such time as they are distributed and to protect the assets.  The executor should ensure that all insurable assets are insured for their market value.


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## twofor1 (8 Feb 2017)

That would apply for valuables, etc, But market value and rebuild costs for houses are often miles apart, no insurer will insure a property for it’s market value, they will only insure for it’s rebuild cost.


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## Vanessa (8 Feb 2017)

Once again we see an executor not doing his job and taking beneficiaries for granted.  Your grandmother has specified very exactly what she wanted done with her estate and it is showing her complete disregard to not do so. In this world there are people who think they can walk over other family members and that they will get away with it because the others dont want any aggro.
You can allow your uncle to do this or alternatively you stand up for your entitlement and take action.
I would be very concerned about the insurance situation and this should be clarified straightway 
The executor should be asked by the beneficiaries to give an exact account of insurance, progress as to sale etc. If he does not cooperate then a solicitor should be consulted. If the beneficiaries do not want to go this route then prepare to be ripped off.
As regards the uncle who has died in the absence of a will I believe his share of the estate should pass to the daughter.


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## Valimatka (9 Feb 2017)

Yes there is stuff going on.. stuff even I don't know about. 

I don't know what is going on with my Uncle that is the Executor since I haven't really spoken to most of my Aunt/Uncles since I was about 18 when my Dad passed away, which made travelling nearly impossible for my Mum as she is disabled and he was her carer and drove her disability car. I had more contact with my Nan who, with my Mum, I helped her do her weekly shop down town. That's about it. I haven't seen my cousins in years except for at my Uncles Funeral last year. This is being mentioned since according to said cousin they apparently overheard my Mum say "Good. Now I can get my inheritance..." about 10 minutes after my Nan died in hospital. Which I know for a fact isn't true as my Mum was heartbroken and couldn't even talk straight for hours after. Since then things have been "frosty" with any dealings with most of the family except for the partner of my deceased Uncle.

They've been given enough notice to get their stuff packed up and to look for a new place. 

I would think waiting 3 years is long enough to start getting a bit annoyed with how long this is taking.

Thank you everyone for the replies. I'll be looking into this as soon as possible.


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## Marsha25 (10 Feb 2017)

OP you have no relationships to lose here with these relatives so I would definitely get on your uncles (executors) case. He needs to push the sale of the house or get the other pair to buy your mum out. Get a solicitor to pen a letter if he takes no heed of you/your mum.


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