Estate Administrator

[PMOB1972]

Apologies if this has been covered previously.

My last surviving parent died in Nov 24 and after searching it appears there is no will. My sister, with whom I do not communicate, has taken it upon herself to instruct a solicitor to apply for a grant of probate and she will therefore act as administrator. I received a letter from the solicitor stating that I was entitled to 50% share of the estate, requesting me to complete a prior benefits form. What would the situation be if I also instructed a solicitor to apply for a grant of probate and acted as administrator?

I have two main concerns:
1. As sole Administrator, I understand my sister has the right to sell assets without my agreement or achieving the best price. I’m uncomfortable with this as they’re of a significant value.
2. Verification of cash. My sister had power of attorney for three months before the death of my parent, as they were hospitalised. How can I check if there were unjustified or large withdrawals from the bank accounts during this period? If this was the case, the monies could potentially be owed to the estate.

Finally, as a beneficiary, what Information am I entitled to receive from the solicitor my sister has engaged?

 

[mathepac]

What would the situation be if I also instructed a solicitor to apply for a grant of probate and acted as administrator?

A lot of additional cost with questionable benefits, not to mention further damage to what sounds like a poor relationship. I'm not sure many solicitors would take such instructions.

two main concerns:

1. (a) Correct she would not require the agreement of any of the beneficiaries to dispose of the assests of the estate (b) Incorrect She is legally oblliged to protect the assets of the estate and to achieve the best return on the assets.
2. (a) Do you mean enduring power of attorney? (b) I don't know

what Information am I entitled to receive from the solicitor my sister has engaged?

None, you are not the client.

 

[PMOB1972]

I don’t believe your information is accurate, but thanks.

 

[mathepac]

Which part(s)?

 

[JoeRoberts]

The first applicant gets the grant of administration. You can't change that. From then on every decision and responsibility lies with them just like an executor. Solicitor not obliged to discuss anything with you .

 

[PMOB1972]

Met my solicitor this morning. There is no legal obstacle to any beneficiaries applying for a grant of probate in their own name. An executor must provide beneficiaries with a copy of the estate accounts and information about the fee agreed with the estate solicitor. Any decent solicitor will ensure this happens. Also, my solicitor, in these cases, advises the administrator to have all beneficiaries sign any contract for sale of property. It eliminates any disputes or possibly of the administrator being subsequently sued. In relation to monies withdrawn while my sister had POA, if I believe the remaining cash balance is too low, my solicitor will pursue this, including involving the Gardai. Given my sister has a conviction for employee theft, I’m right to be on guard.