Legal personal rep

Discussion in 'Askaboutlaw' started by Greencar, Dec 14, 2016.

  1. Greencar

    Greencar New Member

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    3
    Hi all I was appointed legal rep. to sort out the selling of my late grandmothers house as she died without making a will..I have quite a bit of work to do regarding same.. Can I claim my own expenses ?
     
  2. mathepac

    mathepac Frequent Poster

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    6,018
    You cannot charge for your time. What other expenses would you have? Notices in newspapers, postage, a bit of photocopying, standard fees for probate, etc
     
  3. Greencar

    Greencar New Member

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    3
    Hi thanks for your reply.. Wondering what notices have I to put in newspapers? Very new to this I have not a clue..I had to take time of work to clean up around outside of house and cut back ditches etc.. Now I have to clean out inside of house and get rid of everything... Can I claim those expenses?
     
  4. DirectDevil

    DirectDevil Frequent Poster

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    280
    I don't know if you could recover those expenses as of right. It would probably be wise to agree with the other likely beneficiaries that you should be reimbursed out of the estate for the expenditures incurred directly in dealing with the estate but include specifically any additional expenditures you incurred e.g. hiring a skip for the garden waste. However, as pointed out by mathepac, you cannot charge a fee for your services as distinct from fees incurred in relation to dealing with the estate.

    You really need to get Letters of Administration to give you the legal authority to deal with the estate. Here are two links to give you good background information about the task ahead ;

    1. http://www.citizensinformation.ie/en/death/
    2.http://www.courts.ie/offices.nsf/65...be735bced234bbbc80256e45005861c7?OpenDocument

    You should read all the information pages carefully.

    If you are uncertain about what to do I would advise you strongly against making a personal application to the Probate Office. The paperwork is precise but not unduly complex. The Probate Office staff are very helpful but they do not advise you legally. Indeed, even after making a personal application they have the right to request that a solicitor should deal with the application.

    If, after looking at some of the above references, you are still quite unsure I would recommend firmly that you instruct a solicitor to deal with this. They are well used to dealing with probate matters and might be able to get it sorted out sooner than a personal applicant.

    If you decide to instruct a solicitor please shop around for a few alternative written quotes for the work to be undertaken before you retain anyone. A good general practice firm should be able to deal adequately with this.
     
  5. elcato

    elcato Moderator

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    2,469
    Assuming you are doing the extra work on the house pre-sale because you are a beneficiary, I think you need to talk to the others about compensation. Failing agreement ask them to do the work. If you are not a beneficiary then just simply don't do the work as it's somebody else's problem.
     
  6. Greencar

    Greencar New Member

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    3
    Great response from all if you! There is a lot involved indeed..
     
  7. mathepac

    mathepac Frequent Poster

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    6,018
    There is a standard notice that goes in papers addressed to creditors of the deceased asking about outstanding debts. Any local paper will have a template.
    You have been better off hiring professionals to do these jobs and pay the bills out of the estate. As it stands unless you spent money on skips, plastic bags, refuse charges I don't believe you can recover your lost wages.