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Distribution issue
LKS20
Posts: 1 Newbie
Hello, we had a family relative who died without a will and the only surviving relations where first cousins. Some were already pre-deceased and one had children of their own (I'll refer to as J, L and G). One of the cousins became the estate administrator and proceeded to distribute the funds only to those living cousins, without considering inheritance per-stirpes to the children (J, L and G) of the pre-deceased cousin who would have inherited themselves, had they been alive.
The children (J,L,G) of the pre-deceased cousin did not find out this had happened until after the estate had been distributed to the surviving first cousins. A solicitor has since been retrospectively appointed by the administrator (as should have been done initially) to correct the error and oversee the correct distribution. The fact J, L & G where due to inherit by law is not disputed, since this has been discovered to be the case.
My questions are:
- How long could this process take, especially if some of the inheriting cousins may have spent funds before the mistake was realised
- Is there a time limit on how long the administrator has to recoup the funds or find the money, as they are ultimately culpable for errors in the distribution
- If there is dissatisfaction in how the process is being handled, or the lack of communication from the solicitor, what options do the children (J, L & G) of the pre-deceased cousin have available to them?
- Would J/L/G be expected to appoint their own solicitor to handle their matters, despite the fact the solicitor appointed by the administrator is supposedly acting for all parties equally?
- What legal documentation can J/L/G expect to be provided with, as evidence that the distribution, handled now by the administrator, is being calculated correctly?
Many thanks.
The children (J,L,G) of the pre-deceased cousin did not find out this had happened until after the estate had been distributed to the surviving first cousins. A solicitor has since been retrospectively appointed by the administrator (as should have been done initially) to correct the error and oversee the correct distribution. The fact J, L & G where due to inherit by law is not disputed, since this has been discovered to be the case.
My questions are:
- How long could this process take, especially if some of the inheriting cousins may have spent funds before the mistake was realised
- Is there a time limit on how long the administrator has to recoup the funds or find the money, as they are ultimately culpable for errors in the distribution
- If there is dissatisfaction in how the process is being handled, or the lack of communication from the solicitor, what options do the children (J, L & G) of the pre-deceased cousin have available to them?
- Would J/L/G be expected to appoint their own solicitor to handle their matters, despite the fact the solicitor appointed by the administrator is supposedly acting for all parties equally?
- What legal documentation can J/L/G expect to be provided with, as evidence that the distribution, handled now by the administrator, is being calculated correctly?
Many thanks.
0
Comments
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Before getting into details, how large was the estate? And how much were J L and G due to receive?
Because if I were one of them and we're talking hundreds each, I might shrug and hope my aunties and uncles enjoyed their small windfall. If it's tens or hundreds of thousands it's more worth pursuing.
You seem to be aware that the administrator may be personally liable for correcting this, and for paying the solicitor who is sorting this out. I wouldn't want to cause hardship for an honest mistake for a small amount.Signature removed for peace of mind0
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