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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.
