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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My father died 7 years ago we were all told what we had. i

Customer Question

my father died 7 years ago we were all told what we had. i have since given in alot of money to home and my sister has now got full control. i have never seen any will i dont even know who the executor is. is this allowed to happen
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 2 years ago.
If there is no will and you don't know who the executor is. This appears to be the position Then the estate is said to be intestate and in such circumstances, the rules under the Succession Act 1965 apply. The intestate rules dictate how the estate is to be divided;
If your mother is alive she is entitled to take out the letter of administration in the estate as the next of kin (control the assets) In that scenario, 2/3 of the estate passes to her and the final 1/3 is divided equally among the children.
If your mother has past away, the position is that a letter of administration can be taken out by any of the children ie you or your siblings. In that scenario the assets of the estate are divided equally between the children
The money you have given to home is not relevant to this process.