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How long for an estate to be settled?

  • 10-03-2010 9:34pm
    #1
    Closed Accounts Posts: 5


    Hi
    Does anyone have any vast knowledge on wills/probate etc. My father died back in 1997 and to date his estate has not been settled.
    Is there a time limit in which executors are legally obliged to sort out all affairs relating to the estate and have the matter finalised?


Comments

  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Executors are OBLIGED to discharge their obligations as executors.

    This sort of thing is supposed to sorted out reasonably promptly by the executors where there was a will.

    AFAIK if there has been inordinate delay by executors in attending to their obligations then beneficiaries may be able to do something about getting them shifted along. However, this probably requires a solicitor as it may involved the dreaded "litigation" word.

    Thirteen years is well out of order for the sorting out an estate. It can happen that there are complications and or disputes that prolong the process but thirteen years is just mad.

    If you are a benificiary you could write formally to the executors to demand to know what they have done and to explain themselves. It may be that the executors are messers, useless, afraid or of the type that thinks that things go away if they ignore them or all of the above....

    There may be financial/tax implications for some benificiaries if the estate is large and receipt of their inheritance is delayed and they have any tax liabilities (they may have to pay interest).

    In general, the executors seem to have failed in their legal obligations. You really do need a solicitor to give you detailed advice and to take up the running for you.


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