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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11147
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My mother died last month. I am next of kin. It is now becoming

Resolved Question:

My mother died last month. I am next of kin. It is now becoming likely that total assets may exceed £5,000, but no chance of reaching say £10,000 - bank account, life policies - but none of the organisations have asked for grant of representation. Can I proceed with dealing with the estate without GoR? Is there a website that will guide me through accounting for the monies, costs and distributions to me, my sister and my late brother's children?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If the banks and other organisations are willing to release funds on a next of kin signature then you don't need confirmation.

All you have to do is fill in the forms, submit them, get the money, pay off the debts and then distribute the remainder.

If there is no will the distribution is a third to you, a third to your sister and a third to your late brother's children split equally between them. I assume no surviving spouse or other siblings.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

My late brother has a widow - does his share go to her or their children? What costs are netted off before distribution - I am assuming any debts of the estate and funeral costs - is this correct?

Expert:  JGM replied 3 years ago.
It goes to the children, not the widow. Only children have the right to represent their deceased parent in their grandmother's estate.

All debts of the estate and funeral expenses are deducted before division.
JGM and other Scots Law Specialists are ready to help you