Executor Causing Misery - Advice Please

Discussion in 'Askaboutlaw' started by vincentgav, Feb 13, 2018.

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  1. vincentgav

    vincentgav Frequent Poster

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    I don't know, he died in 1966 - no idea. I think that the house was bought for cash.
     
  2. vincentgav

    vincentgav Frequent Poster

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    Is it possible that an 'executor' lies and claims to be the executor?
     
  3. Thirsty

    Thirsty Frequent Poster

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    Here's my tuppence worth:

    1. Your Dad should send funeral bill to executor for refund from estate.
    Yes I understand he's a decent person and doesn't mind at all paying for the funeral - that's not the point - if he doesn't want the money he can donate it to Cancer research. The point is to focus the executor that there are bills to be settled.

    2. Your Mum should lodge a caveat with the Probate Office.

    3. You should create alerts with online websites / local agent so that you know if the property is put up for sale.

    4. Everyone should then forget about the whole thing for the next 12 months.

    5. If after one year there is no sign of the funeral bill being settled or any progress with probate, application can be made to remove the executor.
     
  4. LS400

    LS400 Frequent Poster

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    Not the nicest thing to say about anyone suffering with this illness, sort of leaves a sour taste.

    Yet you dispute this official valuation,

    I get that,

    Come on now..

    And... Think what you saying

    So apart from the €2k left in her account, there will be €1k outstanding, €350 each

    Well you need to start there.

    You know the agent now, who will be selling the property if its going on the market, talk to him.

    You wanted advise, Im not here to rub you back etc, but you've written you opening post with steam coming out of your ears. So, My advise is to calm it down. You will achieve more with a cool head.
     
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  5. llgon

    llgon Frequent Poster

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    Your elder aunt is claiming, without showing any evidence, to be the executor. From your posts, I gather that NOBODY else can confirm this. As far as everyone was concerned your other aunt was going to be executor.

    I think that establishing for sure who is the executor should be your starting point. If neither of your aunts assist with this I would ask a solicitor for help.
     
  6. huskerdu

    huskerdu Frequent Poster

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    No.
    It is legally not possible to sell a house without legal authority. No-one can claim to be the executor without a valid will which states that they are.
    If there is no will, adminitrator is appointed. Here is some basic information which should be useful.

    http://www.citizensinformation.ie/e...estate/dealing_with_the_deceaseds_estate.html
     
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  7. vincentgav

    vincentgav Frequent Poster

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    I think that the will was changed when Granny had already descended into madness
    Not the nicest thing to say about anyone suffering with this illness, sort of leaves a sour taste.


    Granted, apologies, I just needed to express how well and truly she was in no state to decide anything.. Not least to give her wedding ring to the daughter who wrecked her head for decades.
     
  8. Grizzly

    Grizzly Frequent Poster

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    vincentgav. You need to clear your mind of everything else and find out who the executor is.
     
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  9. Deiseblue

    Deiseblue Frequent Poster

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    Working on the basis that “ there is an issue with the Will “ I would suggest that you write to your Aunt suggesting that an intestacy possibly arises in that event & that you intend writing to the Probate Registrar in order to have the Estate distributed under the Succession Act 1965 also pointing out that it may be necessary to appoint a Solicitor in this regard.
    As pointed out to you earlier seeking a refund of the funeral expenses should generate some action by your Aunt - you really are going to be a lot firmer in your chosen course of action if you want to progress matters otherwise the suggestions made to you on this thread are all for naught.
     
  10. vincentgav

    vincentgav Frequent Poster

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    I haven't stopped logging in guys, I'm reading and relaying this info as it comes, thank you all so much.
     
  11. delfio

    delfio Frequent Poster

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    There could be another side to this story.

    Just saying...
     
  12. Thirsty

    Thirsty Frequent Poster

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    Indeed.

    However the advice in my post holds good even if the executor is a saint.

    Once the requisite saintliness has been established, the caveat can be lifted, and all will proceed normally.
     
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  13. vincentgav

    vincentgav Frequent Poster

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    Last edited: Feb 15, 2018
    Indeed, I dunno what's going through her head. If she'd only co-operate and tell her sisters what's in the actual will, or if there's something about money, say so, so we can sort that. Money isn't an issue, it's a tiny one bed house. I'm concerned she might want to sell it just to keep it away from people.

    I know she was very bitter after her divorce, she had a daughter die, years ago, leukaemia. Wasn't the same since. She also has a son in America, he won't stay with her when she comes home, stays with my sister cos she picks fights with him re: guilt, etc whenever he's home. He's 42.

    You wouldn't know what she's thinking.. If she'd onloy try to engage normally rather than taking a stance of; 'Right, now I've got this and I'm not going to do what anyone says'. Normal chats about where to eat etc to her are all arguments. You can't recommend anywhere, she'll disagree. I honestly tend to recommend places I don't want, cos she'll disagree guaranteed. I recommend a bad place, she picks other places so I agree. Tried takling her out for her birthday couple years ago, nice restaurant, she had none of it, we wanted to pay, just to be nice, ended up in the local hole for a shite carvery. Had a nice idea in mind but we all had to go there cos she kicked up. Still paid for it all.. Just arguing for the hell of it.

    It's genuinely sad, I can't imagine being so 'at war' all the time.
     
    Last edited: Feb 15, 2018
  14. vincentgav

    vincentgav Frequent Poster

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    Why should I lie to strangers and get incorrect advice? All I've put here is true unless there is, as I mention above, something she's not saying.
     
  15. Thirsty

    Thirsty Frequent Poster

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    I'd advise you to edit your post and remove any personal information that's not relevant to your question - Ireland is a very small place.
     
  16. RETIRED2017

    RETIRED2017 Frequent Poster

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    Even more so Roscommon
     
  17. vincentgav

    vincentgav Frequent Poster

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    All info has been padded already lads, every detail, I know what ye are saying. County, ages, etc.
     
  18. vincentgav

    vincentgav Frequent Poster

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    Yeah, we do need to make it known. Her son isn't coming back, he has a family there, been there for 25 or so years.

    Thanks.
     
  19. vincentgav

    vincentgav Frequent Poster

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    Thank you all for the answers, we've a lot to think about now.
     
  20. RETIRED2017

    RETIRED2017 Frequent Poster

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    Take advice from post 26 and 29 as you can see she cannot sell it if it is not left to her.I would be taking your aunt at her word until you find out otherwise,go along with asking her to give you last refusal if selling that way there will be no hard feelings It is possible she left it to the oldest in the family the older generation done so in the past,she may have given her the ring for the same reason,
     
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