probate query

eddiew

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My sister in law died intestate 3 years ago. She was single in her 40's. She had a long illness and she lived with us for the last 6 years of her life. She left some savings & investments, a house, a ½ share in a city apartment jointly owned with my wife; and a share in her parents home and farm. Her parents also died intestate some years before and the estate has not been probated. There are 4 surviving siblings, one of whom is doing the necessary around the probate but has found it difficult to get movement and agreement. The estate is valued at about €0.5m. Some €18k solicitors fees have been run up so far. Solicitor is warning about mounting tax bills – there is a low level of discontent and 2 family members are very slow to make decisions, both of whom live abroad, UK & US, respectively. The US person does not respond to any communication on these matters at all. Everyone would like her to have the house and enough money to pay the tax which I think could be about €15k. There are no indications that she would come to live in the house which is not located in a prime property town. Two members (including the UK one) are willing to forgo most of their shares in her favour. My wife would get the share of the apartment under the proposed arrangement valued at about €170k.

My wife and I are anxious to bring this matter to a conclusion at this point and wonder how we do that in the most cost and tax efficient way possible.

The properties etc were valued at her date of death – will the estate be adjusted downwards to reflect current values for probate purposes?

Can the administrator just push the thing through at this stage or can one person hold the thing up by being passive in relation to the proposal made?

Can members transfer their tax exemption to others if they choose not to take their intestacy share?

Any advice on how to proceed would be appreciated.
 
Re: indecisive family

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To do what you are proposing would require the consent and involvement of all concerned so unless the US sister gets involved you can't all get together to affect her share without her consent. You can juggle things around among you guys but the details need to worked through carefully to take account of any imputed gifts etc.

Is there anyone who can discuss things with the US woman? If not then the adminstrator should just go ahead and probate the estate on an intestacy basis and distribute accordingly. If you all end up as tenants in common of the house you can petition to have it sold and distritbute the US shares to her but that all takes time and money. Why won't she co-operate if the deal is to her advantage?

Regarding the apartment in joint names with your wife - was it a real joint tenancy i.e. where your wife was intended to inherit by right of survivorship?
 
Thanks Putsch. Friends have tried to discuss the matter with the US girl but she does not like decisions and just ignores correspondence. Ihe apartment was not a joint tenancy.
 
There is a sequence of events here that may take some time to unravel.

Who, if anyone, has applied for a grant of administration for the deceased parents-in-laws' estates?

Who has applied for a grant of administration for the deceased sister-in-law's estate?

Unless and until the parents' estates are sorted out and finalised, your late sister-in-law's estate cannot go to probate as some of the assets are presumably still tied up in her parents' intestacy.

Am I completely wrong, or are you trying to resolve the "who gets what" question before the "what is there to get" question?
 
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