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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10491
Experience:  Barrister 17 years experience
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My aunt an Irish citizen and resident passed away on 1/6/201O.

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My aunt an Irish citizen and resident passed away on 1/6/201O. I was notified on 1/10/2001 that I am one of beneficiaries of the estates. I am a US citizen and resident my cousin in Ireland is the executrix and a beneficiary of the estate. All of my cousins and my brother and sister are also beneficiaries of the estate. My aunts American monies were left to me, my brother and my sister. The Irish monies and the residue of the estate were left to my Irish cousins. The estate is still open and things are still moving along very slowly.

What recourse do I have as a beneficiary to help get the estate closed and to make sure that the assets are distributed correctly?

Buachaill :

1. At the outset, you need to realise that a beneficiary has no role in getting the estate closed and the assets distributed correctly. This is the job of the executor. Accordingly, if you want to get your money, you essentially need to replace the executrix with someone else. In law, an executrix is given a period of time known as "the executor's year" within which to finalise the estate and distribute the assets to the beneficiaries. Once this time period is up, then the executor can be replaced. Accordingly, you have good grounds for have the executor replaced owing to the delay which has occurred. However, as a beneficiary, you have no other remedy to "strongarm" the executor into moving more quickly. However, if you get a solicitor to formally write to the executor and put them on notice that you will seek to appoint an alternative executor, then this will probably have the desired effect. Be aware that the problem may not be the executor, but the solicitor who is handling the probate on the executor. So before you get hostile, I would advise you to ascertain what is the problem. However, your ultimate remedy is to get someone else appointed the executor and get them to handle the administration of the estate.

Buachaill :

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