Legal Question in Wills and Trusts in United Kingdom

money

now lets say you lived with your parents and 3 siblings in ireland and you moved to america; your father dies and leaves money behind but it is unknown whether or not their is a will; the mother takes the money and decides that your brother who is not legaly an attourney or accountant and has no power of attourney, should handle the money. Are their any rights to that money by the other family members or is their any law that can be used to prevent your brother from handleing the money without power of attourney?


Asked on 6/20/07, 11:11 am

1 Answer from Attorneys
Michael Moberg Moberg & Associates

Re: money

If there is a Will, then the executor of the Will would handle the probate matter and distribution of funds pursuant to the Will terms. If your father died intestate (without a Will), then the State would determine how the money is to be distributed.

You do not have to be an attorney to handle the Court proceeding.

Assuming the bank accounts are in the US and he died in NYS, the law dictates that your mother would receive the first $ 50,000 and the rest would be distrubuted b/w you and your siblings and your mother. It gets more complicated if you have a sibling that predeceased your father and left issue.

Please contact us directly at your earlist convenience to commence the proper proceeding and determine jurisdiction.

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Answered on 6/20/07, 11:32 am


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