Timeframe for distribution of deceased estate

[peggy14]

A relative of mine has died without a will, 2 family members have been appointed as administrators and a solicitor has also been appointed. Its gone through probate and also revenue which caused delays outside of the control of the administrators....Is there a timeframe that has to be kept in winding up the estate, one family member mentioned 2 years but this would make sale of 'complex' properties difficult to achieve within the 2 year timeframe and properties would probably achieve more if advertising / sale was not progressed till Spring time which would bring the matter over 2 years since date of death or does clock start once probate granted or is there a timeframe at all that needs to be adhered to ?

 

[ClubMan]

If Revenue issues have been dealt with and probate granted then that should be most or all of it done as far as I know and have experience of. What's left to be done other than distributing the estate? I don't see why it would take another 2 years unless there are still complicated issues or disputes to be dealt with?

 

[peggy14]

My query is, is there a specific timeframe that it has to be completed by e.g. does it have to be completed within 2 years of death / probate ? There are 2 properties to be sold, and while I am confident they will sell quickly once advertised, a better price would be achieved if marketing was postponed till the Spring time, but this would bring us beyond 2 years from DOD, my solicitor is not available at present to verify if there is even a specific timeframe for any estate to be finalised.

 

[ClubMan]

My query is, is there a specific timeframe that it has to be completed by e.g. does it have to be completed within 2 years of death / probate ?

I don't think so. I know of cases where it has been going on for way more that two years for various reasons.

 

[jpd]

Or even more :-(

 

[Clamball]

I am glad you are confident that the sale figure will be higher in the spring but it is difficult to predict the property market. Once probate has been granted I would be moving on straight away with the sale. There has already been a property increase in the two years since date of death.

Plus there are costs of heating, maintenance, insurance while holding onto empty houses, that will eat into the sales price.

 

[peggy14]

Thank you for your responses....it's not strictly about getting max but we would have to rush through sales now if there was a 2 year deadline (which I don't think there is) ....I don't think we would even make it !!! we had been informed that revenue could be very protracted but it wasn't so moving to next step (i.e. sales) wasn't on the radar (and needless to say as with many families relationships between some beneficiaries are TOXIC and I am sure there will be an attempt to sue no matter what the outcome - hence the reason why there is no will as deceased was fully aware it would be contested no matter what was in it)..... I am fully aware of costs (and personal time etc) of maintaining empty houses and also the fluctuating property market but due to our situation I feel things can't be rushed and due consideration on all matters needs to taken with an attempt to ensure the toxicity is kept as away as possible from the next generation !! thank you again for your advises much appreciated.

 

[ClubMan]

If the person died intestate then surely the distribution of the estate is straightforward (once assets liquidated etc.) and there's little or nothing for people to dispute or sue over?

What happens to a deceased person's money and possessions?

How to get access to the deceased person's money and property, the rights of family members under wills and how property is distributed.

www.citizensinformation.ie

 

[T McGibney]

If the person died intestate then surely the distribution of the estate is straightforward (once assets liquidated etc.) and there's little or nothing for people to dispute or sue over?

The opposite is usually true. It's often said that if you hate your family and want to cause them as much trouble as possible after your demise, then dying intestate is a good way to achieve that.

 

[ClubMan]

The opposite is usually true. It's often said that if you hate your family and want to cause them as much trouble as possible after your demise, then dying intestate is a good way to achieve that.

Really? I thought that given that the rules of distribution in the case of intestacy were clearly specified then there would be little scope for objections? (I'm ignoring the possibility of long lost or "hidden" descendents coming out of the woodwork etc. ).

 

[T McGibney]

Really? I thought that given that the rules of distribution in the case of intestacy were clearly specified then there would be little scope for objections? (I'm ignoring the possibility of long lost or "hidden" descendents coming out of the woodwork etc. ).

Really, yes. It's why people are strongly encouraged to have properly prepared wills.

Ask any solicitor.

 

[peggy14]

Thanks ClubMan yes intestate gives beneficiaries some comfort that any assets remaining at death will be divided equally but unfortunately while we know dispute / sue will not stack up it will and has been attempted which causes extreme upset so looking forward to all matters being finalised as soon as possible (which I know is slight contradiction but just need time to ensure our i's are dotted and try and avoid risk of any further legal or otherwise actions). I am just reading your reply T McGibney and in my case you are completely incorrect ..... this person died intestate was a genius decision in this particular case even went as far as ensuring each beneficiary had access to separate / equal joint accounts as he knew there would be attempts to delay / sue / cause as much upset as possible by 1 or 2 beneficiaries and their spouses.....I do believe that he did this with legal advise as a final resort to a long ongoing toxic situation.....there is no possibility of lost or hidden beneficiaries..... is it legally now very straight forward as correctly set out by ClubMan .....the beneficiaries suing / causing extreme personal upset are not just doing this for financial reasons (although they do for some reason feel they should inherit it all) but just want continue to cause as much difficulty/stress/upset as possible to their siblings ! I know you meant no offence T Mc but I must say your comment in my circumstances could have caused me upset but due to our circumstances I have grown very think skin over the years so I can ignore it. The deceased loved and was loved greatly and a combination of dying intestate (and not living an extravagant lifestyle) has left his all his children and grandchildren in a very stable financial position and also stops the fighting over who should inherit what which would have gone on for generations (and yes we did become a very dysfunctional family - greed and jealously are terrible things !!

 

[T McGibney]

Thanks ClubMan yes intestate gives beneficiaries some comfort that any assets remaining at death will be divided equally but unfortunately while we know dispute / sue will not stack up it will and has been attempted which causes extreme upset so looking forward to all matters being finalised as soon as possible (which I know is slight contradiction but just need time to ensure our i's are dotted and try and avoid risk of any further legal or otherwise actions). I am just reading your reply T McGibney and in my case you are completely incorrect ..... this person died intestate was a genius decision in this particular case even went as far as ensuring each beneficiary had access to separate / equal joint accounts as he knew there would be attempts to delay / sue / cause as much upset as possible by 1 or 2 beneficiaries and their spouses.....I do believe that he did this with legal advise as a final resort to a long ongoing toxic situation.....there is no possibility of lost or hidden beneficiaries..... is it legally now very straight forward as correctly set out by ClubMan .....the beneficiaries suing / causing extreme personal upset are not just doing this for financial reasons (although they do for some reason feel they should inherit it all) but just want continue to cause as much difficulty/stress/upset as possible to their siblings ! I know you meant no offence T Mc but I must say your comment in my circumstances could have caused me upset but due to our circumstances I have grown very think skin over the years so I can ignore it. The deceased loved and was loved greatly and a combination of dying intestate (and not living an extravagant lifestyle) has left his all his children and grandchildren in a very stable financial position and also stops the fighting over who should inherit what which would have gone on for generations (and yes we did become a very dysfunctional family - greed and jealously are terrible things !!

If you're going to criticise me or my comments, at least have the decency to structure your criticism in legible and coherent paragraphs.

(And I stand by my general observation 100%.)

 

[peggy14]

I was not criticising your comment. I was just letting you know that your comment was 100% inaccurate. Also just to let you know I find your comments and opinions very disrespectful to those who no longer have a voice. Due to your inaccurate and disrespectful comments please do not reply or make further comments on my post. My question has been answered by others so there is no need for further comment for you.

 

[T McGibney]

I was not criticising your comment. I was just letting you know that your comment was 100% inaccurate.

What part of this is inaccurate? And don't forget to properly read the first sentence.

The opposite is usually true. It's often said that if you hate your family and want to cause them as much trouble as possible after your demise, then dying intestate is a good way to achieve that.

Also just to let you know I find your comments and opinions very disrespectful to those who no longer have a voice.

Not my problem if you misread and then choose to misconstrue my comments. I wasn't even responding to you and my comment didn't even obliquely refer to your late father.

Due to your inaccurate and disrespectful comments please do not reply or make further comments on my post. My question has been answered by others so there is no need for further comment for you.

No, you don't get to impugn me on false or mistaken grounds while denying me the opportunity to defend myself.

 

[peggy14]

What part of this is inaccurate? And don't forget to properly read the first sentence.



Not my problem if you misread and then choose to misconstrue my comments. I wasn't even responding to you and my comment didn't even obliquely refer to your late father.

No, you don't get to impugn me on false or mistaken grounds while denying me the opportunity to defend myself.

I did read your first sentence and I have a full understanding of same.
I did not 'misconstrue' your comments.
You did respond to me.
100 percent in accurate as 'the opposite is not not usually true' ...'its often said if you hate your family .....you die intestate ......'.
I was not trying to 'impugn' to use your own language and obviously no need to defend yourself as in your words ups stand by you ridiculous comments after knowing they so do not apply to my query.
This person as your were fully aware before your 2nd comment died intestate for very good reason.
Who have had your final post and this is mine so lets this be the end out of conversations.

 

[T McGibney]

You did respond to me.

Only after you had lost it over my reply to Clubman.

Let's leave it at that.

 

[peggy14]

If Revenue issues have been dealt with and probate granted then that should be most or all of it done as far as I know and have experience of. What's left to be done other than distributing the estate? I don't see why it would take another 2 years unless there are still complicated issues or disputes to be dealt with?

thank you for your response... I am knew to this forum how do you like a response ? apologies have been through files and cannot see to find ? thank you in advance

Only after you had lost it over my reply to Clubman.

Let's leave it at that.

I did not lose it ..... lets leave it at that, no more comments on my query thank you.

 

[ClubMan]

thank you for your response... I am knew to this forum how do you like a response ? apologies have been through files and cannot see to find ? thank you in advance

Sorry, I don't understand this.

 

[peggy14]

Sorry, I don't understand this.

No probs just see that some people are liking my responses to other queries ( smiley face etc ) but I cannot see how to do this ( I an computer literate despite comments I cannot even read but lets leave that)

today was my first query and the responses I received (not from you) have made me want to leave this group although I do think it will be of benefit to me and my background may well benefit others.... thank you