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Category: Republic of Ireland Law
Satisfied Customers: 1227
Experience:  Expert
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How to get a family member out of a property where there is

Customer Question

How to get a family member out of a property where there is a legal will
JA: Where is this? It matters because laws vary by location.
Customer: dublin
JA: What steps have been taken so far?
Customer: The house is in process of being sold and a very good offer has been accepted by the executor.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The sibling in the property is threatening to hold up proceedings
Submitted: 10 days ago.
Category: Republic of Ireland Law
Expert:  MARTINT330 replied 10 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 10 days ago.

Generally, you cannot change a will. This means that the beneficiaries who are in the will are there to stay; they cannot be removed, no matter how difficult or belligerent they may be with the executor.

Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate.

If you are the executor, in order to get authority to administer the estate you must get a legal document called a Grant of Representation. This is a legal order that gives you the authority to administer the deceased person's estate.

Expert:  MARTINT330 replied 10 days ago.

Is there anything else I can help with today?

Expert:  MARTINT330 replied 9 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.