How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

we have been told that we were overpaid from my mothers estate

Customer Question

we have been told that we were overpaid from my mothers estate when she died, some 3 and a 1/2 years ago. they say that they did an audit and it was found then. Are we liable to pay back the overpayment?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who have you heard from and how is the overpayment meant to have happened?
Clare
Customer: replied 2 years ago.
We have heard from the company who handled the probate and they have called my brother and said that when they did an audit on my mum's payout they realised that they had overpaid us by just over £1000. He said that she had been tracking him down for the last year or so. My mum died on March 01st 2011 and the final estate was settled and paid out to the four children in January 2012.
Customer: replied 2 years ago.
The company we used to manage the estate were recommended by my mums bank Barclays
Expert:  Clare replied 2 years ago.
Hi
Have any or all of your moved house in that period and have they given any explanation of how the overpayment arose?
Clare
Customer: replied 2 years ago.
Yes my brother moved house and he is the lead for mums will. The only explanation is that it's an overpayment which was found during an audit.
Expert:  Clare replied 2 years ago.
Hi
Do you still have a copy of the Estate Accounts?
Clare
Customer: replied 2 years ago.
My brother does
Expert:  Clare replied 2 years ago.
Hi
Was he the Executor?
Has he checked the account to see if there are any obvious errors?
Clare
Customer: replied 2 years ago.
Yes he was the executor and he has the final accounts but hopes to get round to looking at them hopefully this weekend
Expert:  Clare replied 2 years ago.
Hi
May I ask - were you one of the Residuary Beneficiaries - did you receive a share of what was left - or did you get a specific gift?
Clare
Customer: replied 2 years ago.
Yes I was a residuary beneficiaries I had a share
Expert:  Clare replied 2 years ago.
Hi
Did your brother instruct the firm not to send you copies of the accounts?
(legally you should have had them)
Clare
Customer: replied 2 years ago.
Dont know but he has them as he was the executor of the will
Customer: replied 2 years ago.
Hello please advise?
Customer: replied 2 years ago.
Hello, would you kindly advise if you can help by giving advise or not please?
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
If there has indeed been a genuine mistake the firm COULD consider making an application to the court to recover the overpayment
However as a "Residuary Beneficiary" you should have received a copy of the Estate Accounts setting out what assets and debts there were in the Estate so that you can ensure that you have received your proper entitlement.
Since the firm failed to provide you with this there was no way for you to identify any problems and accordingly they will struggle to claim that you should have been aware of the mistake and that the funds should be repaid.
Your brother may well be in a different position
Please ask if you need further details
Clare
Customer: replied 2 years ago.
That doesn't answer the question which is are we liable to pay back the overpayment?
Expert:  Clare replied 2 years ago.
Hi
My apologies I should have made it clearer.
IF there has been a genuine overpayment then yes it can be reclaimed and you may well be liable to repay it HOWEVER this will depend on whether or not you could and should have been aware of the over payment - which clearly you could not
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)