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My sister is the executor of my Dads will, it's been 7 years, we havnt heard anything

  • 16-06-2019 1:55pm
    #1
    YourWann
    Registered Users Posts: 19 ✭


    So my Dad died 7 years ago and my sister was executor of his will.
    Both my two brothers and I havnt heard anything in 7 years in regards to his will, all I know Is that probate was submitted a year after the funeral.
    We havnt heard from our sister since May 2018 even after multiple texts, phone calls and emails.
    What should/can we do ?


Comments

  • #2
    pummice
    Registered Users Posts: 239 ✭✭pummice


    Maybe your sister was left everything, lock, stock and barrel?


  • #3
    Peatys
    Closed Accounts Posts: 2,881 ✭✭✭Peatys


    Probate with a Will in place?
    Is that normal?


  • #4
    wirelessdude01
    Registered Users Posts: 8,417 ✭✭✭wirelessdude01


    Is there a split/falling out in the family?


  • #5
    Jupiter Mulligan
    Closed Accounts Posts: 525 ✭✭✭Jupiter Mulligan


    Peatys wrote: »
    Probate with a Will in place?
    Is that normal?

    Yes. If there is a will, then the executor needs to take out probate.


    OP, have you seen the Will?

    If not then why not seek a copy? "Once a grant of probate (or letters of administration) has been issued, anybody can apply for copies of the grant and the will using Form PAS1."


  • #6
    Spanish Eyes
    Registered Users Posts: 15,865 ✭✭✭✭Spanish Eyes


    I am not a legal eagle, but would you consider doing a search in the Probate Office, or at your local District Probate Registry to see if a grant was applied for? That would be my first step. You can get a copy of the will and the grant for a fee.

    Here is the link, and it is unreal how small the print is on this website, not great....

    http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/B4C951B57339C2C98025810F0057286D?opendocument


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  • #7
    FrancieBrady
    Registered Users Posts: 66,776 ✭✭✭✭FrancieBrady


    Spanish Eyes wrote: »
    I am not a legal eagle, but would you consider doing a search in the Probate Office, or at your local District Probate Registry to see if a grant was applied for? That would be my first step. You can get a copy of the will and the grant for a fee.

    Here is the link, and it is unreal how small the print is on this website, not great....

    http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/B4C951B57339C2C98025810F0057286D?opendocument

    CTRL + the scrollwheel or arrow key will enlarge the print.


  • #8
    Spanish Eyes
    Registered Users Posts: 15,865 ✭✭✭✭Spanish Eyes


    FrancieBrady wrote: »
    CTRL + the scrollwheel or arrow key will enlarge the print.

    Thanks, yes I know I can do that, but at first glance it is very tiny print! And not everyone will know how to CTRL + a document online either. Poor show by the Courts Service, just my opinion. ;)


  • #9
    tedpan
    Moderators, Recreation & Hobbies Moderators Posts: 4,627 Mod ✭✭✭✭tedpan


    wirelessdude01 wrote:
    Is there a split/falling out in the family?


    Isn't there in all families?!


  • #10
    Spanish Eyes
    Registered Users Posts: 15,865 ✭✭✭✭Spanish Eyes


    tedpan wrote: »
    Isn't there in all families?!

    No. Some of us actually get along fine, without living in each others pockets.

    There must be LAND involved. Yes that's it.


  • #11
    wirelessdude01
    Registered Users Posts: 8,417 ✭✭✭wirelessdude01


    tedpan wrote:
    Isn't there in all families?!


    Nope.


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  • #12
    kravmaga
    Registered Users Posts: 1,945 ✭✭✭kravmaga


    YourWann wrote: »
    So my Dad died 7 years ago and my sister was executor of his will.
    Both my two brothers and I havnt heard anything in 7 years in regards to his will, all I know Is that probate was submitted a year after the funeral.
    We havnt heard from our sister since May 2018 even after multiple texts, phone calls and emails.
    What should/can we do ?

    Sounds like your sister has done a runner with everything, 7 years no contact???

    Thats not a good sign


  • #13
    BarryD2
    Closed Accounts Posts: 4,732 ✭✭✭BarryD2


    Is the OP's mother still alive? Not enough detail in OP, dare say there's many ways this can be approached but only by those with all the facts at their disposal.


  • #14
    tricky D
    Closed Accounts Posts: 9,700 ✭✭✭tricky D


    OP Seven years is way too long. Executors are expected to move reasonably quickly. A year or two is fine depending on how complicated the estate is. If she is not quite capable, she needs to renounce her position and get replaced by some one else. If she is unwilling/uncooperative, there could be a can of worms coming.


    tedpan wrote: »
    Isn't there in all families?!
    There's potential in many families but that's not always realised. We found it good to make sure we were all on the same page and made a pact which we have stuck to.


  • #15
    refusetolose
    Registered Users Posts: 2,559 ✭✭✭refusetolose


    YourWann wrote: »
    We havnt heard from our sister since May 2018
    kravmaga wrote: »
    7 years no contact???

    ...


  • #16
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    What did she say regarding this in 2018?


  • #17
    TheRiverman
    Registered Users Posts: 6,037 ✭✭✭TheRiverman


    You haven't heard anything in 7 years,but you heard from your sister in 2018 ?.


  • #18
    YourWann
    Registered Users Posts: 19 ✭YourWann


    wirelessdude01 wrote: »
    Is there a split/falling out in the family?

    Not that I know of. We always kept in touch but since last May it was just all of a sudden


  • #19
    YourWann
    Registered Users Posts: 19 ✭YourWann


    BarryD2 wrote: »
    Is the OP's mother still alive? Not enough detail in OP, dare say there's many ways this can be approached but only by those with all the facts at their disposal.

    Mother is still alive but they never married


  • #20
    Sonny noggs
    Closed Accounts Posts: 1,523 ✭✭✭Sonny noggs


    TheRiverman wrote: »
    You haven't heard anything in 7 years,but you heard from your sister in 2018 ?.

    The family haven’t heard about the will in 7 years, that doesn’t mean they haven’t been in contact with the sister about other things - like most family / siblings. Not that difficult to comprehend.


  • #21
    YourWann
    Registered Users Posts: 19 ✭YourWann


    OldMrBrennan83 wrote: »
    What did she say regarding this in 2018?

    Nothing was really said as we never talked about it as we presumed she was sorting it all.
    My Dad owned a house and left it to my brothers as I wasnt born yet when he created his will.
    He had a new will but never got it signed before he died so my sister was getting my name put on the deeds of the house which is a simply process but that was the last I heard


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  • #22
    s7ryf3925pivug
    Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    there is a statute of limitations. I thought it was 6 years in your case. If it passes or has passed then you can't take legal proceedings so your position is significantly weakened. You really should talk to a solicitor.


  • #23
    tayto lover
    Registered Users Posts: 51,426 ✭✭✭✭tayto lover


    Giancarlo Bumpy Armor wrote: »
    there is a statute of limitations. I thought it was 6 years in your case. If it passes or has past then you can't take legal proceedings so your position is significantly weakened. You really should talk to a solicitor.

    If they deliberately weren’t notified about the contents of the will surely they have a case still?


  • #24
    coylemj
    Registered Users Posts: 25,313 ✭✭✭✭coylemj


    OP, you said that probate was submitted a year after your father died. If your sister obtained a grant of probate then the will becomes a public document and you can get a copy, other posters have posted the appropriate link.

    If your sister obtained a grant of probate six years ago then your options are pretty limited. I'd get a copy of the will and then talk to a solicitor.


  • #25
    BarryD2
    Closed Accounts Posts: 4,732 ✭✭✭BarryD2


    YourWann wrote: »
    Mother is still alive but they never married

    Is the house still occupied so? By your sister & mother perhaps? Who would have lived there for many years?


  • #26
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    tedpan wrote: »
    Isn't there in all families?!
    Where there's a will there's a relative.


  • #27
    Mrs OBumble
    Registered Users Posts: 25,657 ✭✭✭✭Mrs OBumble


    is_that_so wrote: »
    Where there's a will there's a weeping relative.

    Fyp


  • #28
    s7ryf3925pivug
    Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    tayto lover wrote: »
    If they deliberately weren’t notified about the contents of the will surely they have a case still?
    No idea. I wouldn’t assume so. Have to ask a solicitor.


  • #29
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    As Blergh advises consult a solicitor
    Closed


This discussion has been closed.
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