Hi
I have posted a query about this situation a year ago.. under thread heading complicated will matter.
I am apologising in advance for very long post!! I am posting on behalf of my husband
The situation is still ongoing and my OH and some off the other beneficiaries are gettng very concerned about lack of information and time its taking to resolve the issue.
background is as follows:
January 2008 my OH father(who lived in the uk) recieved a letter from an Irish solicitor saying he was one of 6 people who were beneficarys to his aunts estate in ireland (she died intestate).
The aunt had a house and some monies in bank accounts.
My OH father died in December 2008..he died intestate too..however everything he had ( which wasnt much) was distributed to his son (OH) and daughter.
My OH contacted irish solicitor and informed him off his fathers death. ( that would have been around september 2009) The solicitor sent him out a copy of the grant of probate that had been administered by the high court March 2009 . my OH fathers cousin (lives in ireland) was named the executor off the estate.
The value of the estate at that time is outlined on the letter of probate.
In the letter the solictor did say that a house needed to be sold and that at the time market conditions were not conductive to that.
He also said there was an issue with a neighbour trying to claim of the estate and that the executor had instructed the solicitor to fight this claim in full.
there are six beneficiaries to this will my husbands father ( this will go to my husband and sister as part of his estate) My OH two uncles who live in the uk. 3 other cousins who live in ireland.
My OH has contacted the solicitor a number of times to find out what is happening and has now found out (march 2012) that the neighbours case against the estate has been settled and she got a small payout.
The remainder of the estate has not been distributed to any of the beneficiaries or certainly not to the ones my OH are in contact with.
At no time has the executor ever contacted the two uncles in the uk to let them know what is happening. They only know the bits and pieces my husband is finding out from his own contact with the solicitor.
My OH does not know the executor personally and his uncles are reluctant to contact him to find out what is going on.
This has now been going on over 4 years since my OH dad was told he was a beneficiary.
The latest my OH found out about 4 weeks ago was that the neighbours case was settled, they had found more money in the uk( didnt disclose how much) and that distribution would happen very soon.. My OH only found this out by contacting the solictor himself. The executor has not contacted his uncles and told them this.
I have a few questions over what we should do now to get this cleared up.
What should my OH too? he has tried getting his uncles to contact the executor themselves but they are reluctant as they dont want to come across as just wanting the cash!.. surely they are entitled to basic communication about waht is going on.
Should OH contact executor himself ?bearing in mind he is not a direct beneficary.. he is a beneficary because of his fathers share.
How can we find out about the current value of the estate..and what the split will be.. bearing in mind the value on the probate was dated march 2009 and they had a house to sell in the meantime. The solitor has never volunteered this information..can my OH just ask him?
( we are very concious that the solictor is acting on behalf of the exectuor and doesnt have to answer questions from OH.)
Is it normal for an intestacy to take this long? should we be considering legal action against the executor for failing to communicate to beneficaries?
I have stressed to my OH before talking legal action could someone just pick up the phone and ask executor what is happening!!...
apologies for long post..hope someone can give us direction on how to proceed with this.
I have posted a query about this situation a year ago.. under thread heading complicated will matter.
I am apologising in advance for very long post!! I am posting on behalf of my husband
The situation is still ongoing and my OH and some off the other beneficiaries are gettng very concerned about lack of information and time its taking to resolve the issue.
background is as follows:
January 2008 my OH father(who lived in the uk) recieved a letter from an Irish solicitor saying he was one of 6 people who were beneficarys to his aunts estate in ireland (she died intestate).
The aunt had a house and some monies in bank accounts.
My OH father died in December 2008..he died intestate too..however everything he had ( which wasnt much) was distributed to his son (OH) and daughter.
My OH contacted irish solicitor and informed him off his fathers death. ( that would have been around september 2009) The solicitor sent him out a copy of the grant of probate that had been administered by the high court March 2009 . my OH fathers cousin (lives in ireland) was named the executor off the estate.
The value of the estate at that time is outlined on the letter of probate.
In the letter the solictor did say that a house needed to be sold and that at the time market conditions were not conductive to that.
He also said there was an issue with a neighbour trying to claim of the estate and that the executor had instructed the solicitor to fight this claim in full.
there are six beneficiaries to this will my husbands father ( this will go to my husband and sister as part of his estate) My OH two uncles who live in the uk. 3 other cousins who live in ireland.
My OH has contacted the solicitor a number of times to find out what is happening and has now found out (march 2012) that the neighbours case against the estate has been settled and she got a small payout.
The remainder of the estate has not been distributed to any of the beneficiaries or certainly not to the ones my OH are in contact with.
At no time has the executor ever contacted the two uncles in the uk to let them know what is happening. They only know the bits and pieces my husband is finding out from his own contact with the solicitor.
My OH does not know the executor personally and his uncles are reluctant to contact him to find out what is going on.
This has now been going on over 4 years since my OH dad was told he was a beneficiary.
The latest my OH found out about 4 weeks ago was that the neighbours case was settled, they had found more money in the uk( didnt disclose how much) and that distribution would happen very soon.. My OH only found this out by contacting the solictor himself. The executor has not contacted his uncles and told them this.
I have a few questions over what we should do now to get this cleared up.
What should my OH too? he has tried getting his uncles to contact the executor themselves but they are reluctant as they dont want to come across as just wanting the cash!.. surely they are entitled to basic communication about waht is going on.
Should OH contact executor himself ?bearing in mind he is not a direct beneficary.. he is a beneficary because of his fathers share.
How can we find out about the current value of the estate..and what the split will be.. bearing in mind the value on the probate was dated march 2009 and they had a house to sell in the meantime. The solitor has never volunteered this information..can my OH just ask him?
( we are very concious that the solictor is acting on behalf of the exectuor and doesnt have to answer questions from OH.)
Is it normal for an intestacy to take this long? should we be considering legal action against the executor for failing to communicate to beneficaries?
I have stressed to my OH before talking legal action could someone just pick up the phone and ask executor what is happening!!...
apologies for long post..hope someone can give us direction on how to proceed with this.