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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10544
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A relative has died intestate. The people who will in herit,

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A relative has died intestate. The people who will in herit, one aunt and about 12 cousins have been offered £20k from the site owner where the deceased lived and owned a mobile home, to walk away. The home is in a very bad state and the site owner will clear it and rebuild and sell on a new one. Can they accept this without going to probate. if probate is required who will be responsible for the continued payment of the ground rent and any other financial outlay. Some of the inheritors have said they are not prepared to pay anything. I will not benefit.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Provided all of the beneficiaries agree to accept £20K, then the Sale can proceed without obtaining Letters of Administration (this is the same as Probate but where a deceased died without making a Will).

However, if there are any other assets in the Estate (bank accounts etc), Letters of Administration normally needs to be applied for before the Banks etc will close the accounts and hand over any monies. They can insist on Letters of Administration be obtained if the net estate is over £5,000.

Any one of the relatives is entitled to apply for Letters of A. It is done on a "first come, first served basis" and once obtained, that relative would become the Administrator of the Estate and become responsible for collecting in the assets and paying any debts.

Whether the site owner is prepared to hand over £20K to one of the relatives I don't know- he may ask to see the Letters of A and pay the cheque to the Administrator, just so his back is covered.

If there is a delay, then any accruing rent will normally just have to build up and as and when the assets in the Estate have been collected in/the £20K received, these monies would be used to pay off the debts, to include the ground rent. The site owner would normally deduct any outstanding ground rent from the money he eventually hands over for the mobile home.
Therefore, none of the relatives are personally responsible for the debts, and it would be normal for the Administrator to notify all creditors that there will be a delay in paying the debts, and then once the assets had been collected in, the Administrator would then pay these debts from the Estate monies, and distribute whatever s left between the beneficiaries.

I hope this assists and answers your question.

Kind Regards
AL
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