Suing An Estate Executor For Dummies In Kings
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When the beneficiaries, heirs, or any interested party feels that the named executor or administrator is not fulfilling his or her duties, he or she can file a petition with the court where the decedent's will was admitted into probate and ask the court to remove the executor or trustee.
If they don't follow the will and a beneficiary feels that they have not received their full entitlement, they are entitled to challenge this. The executor may be held personally liable for any breaches during probate, even if these were genuine mistakes.
The majority of estates are more complex than this, however. In the normal course it will take around 6 to 12 months for beneficiaries to start receiving their inheritance, but this varies depending on the complexity of the estate.
Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.
How long after probate can funds be distributed in Ireland? The executor or administrator has a duty to distribute funds and assets within a year of the date of death—this is known as the executor's year under Irish probate law.
After probate is granted, debts are assessed, and all owes are compensated, then the beneficiaries can start to receive their inheritance. The distribution itself can also take time, sometimes between 3 to 6 months, in fact.
You are obliged to distribute the assets as soon as possible after the death. You may be sued by the beneficiaries if you do not distribute the estate within a year. You have a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation.
Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.
Can an Executor sell property without all beneficiaries agreeing? Yes, in certain situations. If there is no explicit instructions in a Will stating that property cannot be sold, an executor does have the authority to sell property without approval from all beneficiaries.
Yes, an executor can be held personally liable if they fail to act in the best interests of the estate or beneficiaries, particularly if mistakes result in financial loss or legal issues. It is important to act with care and seek professional advice if needed.
