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Estate in a Mess

Phone call live on air from listener Brent who said that the estate of a loved one who passed away, is in turmoil. Firstly the Solicitors were not getting the proper instructions from the Executor, secondly that there was money in the Credit Union not mentioned in the Will but that it was “assigned” to other Beneficiaries not mentioned in the Will and thirdly, one of his siblings is now living in the house belonging to the estate. Where does the Estate stand?

Firstly I said to this listener that the assignment of funds in the credit union would have to be mentioned in a Will to have any legal affect in passing to the people who were “assigned” the money or else the account would have to have been in joint names. Even if it were in joint names if it wasn’t between Husband and Wife then it would almost certainly form part of the Estate and should be claimed by the Executor.  The Executor should also be forced to move on the winding up of the Estate as soon as possible and the listener should consult his own Solicitor on ways of bringing this about.   Finally one of the siblings were in possession of a house and my advice was that this sibling is effectively in possession as a caretaker/trustee of the property but could be evicted by the Executors if they were doing their jobs properly.

 If you want more information about Wills and Estates, please check out the other answers given on www. radiosolicitor.ie or click here for links to previous NewsTalk answers and items from other sources on the subject.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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