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Executor - Power reserved - how to reinstate?

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DEA

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Jul 29, 2008, 1:10:05 PM7/29/08
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When my mother died, I was working overseas so was advised by the family
solicitor to allow my sister to act as executor and I reserved my power
as executor to make things easier.

The family solicitor has now been dragging his heels for several years
with regard to settling the estate and my sister has behaved in an
underhand way regarding various things and I'm uneasy about the whole
thing.

What do I need to do to get myself reinstated as an executor?

I'm sorry I am not using more technical terminology, but I'm not au
fait with such things!

I've made an appointment to see the solicitor in a few weeks time but
would like to go in armed with some information so I know what to
expect/query!


Any advice would be gratefully received.

DEA


--
DEA

Fergus O'Rourke

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Jul 30, 2008, 2:25:18 AM7/30/08
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You cannot get yourself re-instated as executor without a lot of trouble, if
at all.

If you have grievances about the administration of the estate, I'd suggest
writing them down. Then ask yourself whether all of them are really
justified, and if so, why exactly. You may find that some concerns will not
stand up to even this mild scrutiny, but those that do can be put in a
letter to the executor.

If the executor does not respond well, you will probably need formal legal
advice.


--
FERGUS O'ROURKE
www.irish-lawyer.com
(Not just law stuff)

Peter Crosland

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Jul 30, 2008, 5:50:13 AM7/30/08
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The estate should have been admitted to probate within a year of the death.
You certainly need paid for professional advice. If the executor and/or the
solicitor have prevaricated for that long and the estate has suffered any
loss as a result then the executors can be liable in some cases.


Peter Crosland

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