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Keeping others inheritence

  • 24-03-2015 10:05pm
    #1
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭


    I know a person who after their sibling died (without a will, spouse,living parents or children) put themselves forward as administrator of the estate and proceeded to help themselves to everything.
    So far they have sold the deceased's car and their own to buy a better one for themselves, moved into the house and are living rent free. Rented out the other propertys that made up the estate and are using the income to support themselves and claimed the life insurance for themselves.

    There's other siblings who are waiting for the estate to be divided up so its not as if they are alone in the inheritance- when challenged the excuse is they are administrator and are allowed.


    Do many people do this sort of thing? It seems pretty selfish and I was surprised to hear the family solicitor knows about it all and has said nothing. Im just wondering if its common to be so money grabbing!!


Comments

  • #2
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    I doubt the family solicitor will do anything unless instructed to do so. The administrator/executor of the will has a responsibility to divide the inheritance in a timely manner. It does not give them the right to help themselves to the pot.


  • #3
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    The person you know needs a solicitor.


  • #4
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    The administrator is well offside.

    Look at this to give you an idea of how far out of order they are : http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0069.html#sec69

    The administrator's conduct might be arguably valid if the actions in question were being done as a trustee for the other entitled parties and there was a clear intention to deal with the estate correctly. I wouldn't hold my breath waiting for that day to come.

    Now that the person whom you know is aware of what is happening it falls to them to take action to assert their rights. A solicitor should be instructed and soon rather than when it might be too late e.g. assets dissipated.

    I wonder aloud if the current administrator may not also be committing criminal offence(s) by their conduct in depriving the other parties of their just financial benefits.


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