probate/LOA /entitlement

marc3

Hi ,

my elderly mother died recently .
she outlived my father and my own sister .

i am her sole surviving child .
my mother died without leaving a will-and hence i am applying for a letter of admin.

my solicitor has said it is pretty clear cut that the court should vest the estate in me.

My sister had two daughters (grandchildren of my mother/my nieces ) who live distant and have had no interest in my mother (their grandmother ).
unfortunately they 'smell money ',and have popped their head above the parapet and stated that as their own mother died (my sister )they should  inherit her half of the estate.

I believe that is incorrect-as i am the sole surviving child/daughter of my mother and hence the next of kin .

i would in fact have given them (my nieces ) some of my mothers money, but as her grandchildren i do not believe that they are between them automatically entitled to half of my fathers estate ,even though had she been living-i would otherwise have shared the estate with my sister .

it is upsetting that all of a sudden they seek money (i suspect partially driven by one of my nieces husband who is 'aggressive') whereas before they never cared ,but i want to be sure that provided the court does grant me letter of administration ,it is up to me how i distribute any  money-and technically they will not be entitled to anything .

any thoughts .  

Hoenir

Intestacy - who inherits if someone dies without a will?

https://www.gov.uk/inherits-someone-dies-without-will

Keep_pedalling

You and your solicitor are wrong, you inherit 50% of the estate and your sister’s children inherit the 50% that would have gone to her. 

https://www.gov.uk/inherits-someone-dies-without-will/y

If you mother did not want this to happen then she should have made a will. 

RAS

This rather depends on what you and the solicitor think was said.

As the remaining child, it is reasonable that you would be the person who applied for letters of administration. If you did not want to, or failed to do do, your nieces would also be eligible.

Having letters of admin in a case of intestacy requires you administer the estate in line with laws of intestacy. Your choice of terms suggests that you are in England or Wales? If so, you sister's children are entitled to her portion of the estate, and if your parents had two children who survive, or have issue, your sister's children (or in event their deaths, grand or great grandchildren) are entitled to half the estate.

They may have "popped up" because they've become aware that you do not know the rules? 

bobster2

marc3 said:

my solicitor has said it is pretty clear cut that the court should vest the estate in me.
 

I think you may have misunderstood - solicitor probably meant that it is clear cut that you would be granted letters of administration.

Then you will need to distribute the estate according to the rules of intestacy.