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executor duties

  • 08-11-2011 5:53pm
    #1
    Registered Users, Registered Users 2 Posts: 1,434 ✭✭✭


    Hi all
    just a question, I'm not looking for legal advice.

    In the case where an induvidual dies intestate, and all beneficaries are of equal entitlement, one beneficiary takes control of the estate.
    a number of years later, there is no significant progress made within the administration of the estate, and selling of the assetts. however, the executor is now using the deceased property on a regular basis.
    one can assume that the executor is paying into the estate for the use of the property.
    however, after a number of years, (six years) there is no apparent progress. Letters and phone calls have been made to the solicitor in question, and the response has been to the effect that "you are not to know anything until the executor says so, so thanks for your letter of enquiry, but the executor is not interested in answering any of your specific questions"

    Where do the rest of the beneficiaries stand in relation to knowing when the activities of the administration will be completed?
    apologies for the font errors, i was copying and pasting.
    Thanks
    H2FF.


Comments

  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    The solicitor is obliged to deal with the beneficiaries as clients.
    See http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/aad4b657a69cad3c802576f0003772db?OpenDocument&Highlight=0,condon

    Complain to the Law Society.


  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    An executioner kills people.

    An executor deals with the personal affairs of a person who has died, i.e. they execute the will.


  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Would it be unethical to "double job"? Execute you and the will?


  • Registered Users, Registered Users 2 Posts: 1,434 ✭✭✭have2flushtwice


    Victor wrote: »
    An executioner kills people.

    An executor deals with the personal affairs of a person who has died, i.e. they execute the will.

    apologies for the typo!

    Kossegan,
    in the case above, the solicitor was both a beneficiary, and an executor.
    Was the conflict of interest due to the case of circumstance as his chosen profession was a solicitor by career choice?

    I found the case diffucult to understand, but to sum up my reading, it appears to me that the solicitor of the executor is obliged to furnish benificaries with information if requested, as they are deemed to be clients also, as the solicitor is acting on behalf of the estate?
    thanks
    H2FF


  • Registered Users, Registered Users 2 Posts: 1,434 ✭✭✭have2flushtwice


    well the solicitor is not dealng with the beneficaries, so off to the law society it is then...
    :o


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  • Registered Users, Registered Users 2 Posts: 505 ✭✭✭annieoburns


    OP said that person had died 'intestate' so that means no will, no executor and no beneficiaries. Surely there is a time limit on the administration of the estate?


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