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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12362
Experience:  Barrister 17 years experience
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I have a friend whose partner died 6 years ago and she is

Customer Question

I have a friend whose partner died 6 years ago and she is living in the family home.she was also the executor of the will. The estate owes some tax etc and may have yo sell assets should she have her own solicitor to represent her separately to the executor as would she not be entitled to half of the estate prior to any assets being sold
JA: Estate laws vary by state. What state are you in?
Customer: Ireland
JA: What documents or supporting evidence do you have?
Customer: Will , probate she lived with partner for 11 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 16 days ago.
Category: Republic of Ireland Law
Expert:  Virtual-mod replied 15 days ago.

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I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Buachaill replied 15 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 15 days ago.

1. Firstly, if your friend is not the executor administering the will, she should get a solicitor of her own to advise her in relation to the estate as she is entitled to a half share of it. Essentially if there is a dispute about what assets should be sold, or from what assets she should receive her share from, then she should get a solicitor of her own to represent her. However, if she is executor, she can instruct the solicitors as to what assets can be sold and handle the Probate herself with the aid of the solicitors to the estate. In this circumstance, she can simply get a bit of advice from a different solicitor as to her situation and continue to act as executor. However, given that six years have elapsed since this lady's partner died, she should move to complete Probate of the estate, as otherwise, she will not get good title to the house and to the assets in the estate. So, she should get a move on with completing Probate.