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Clare, Solicitor
Category: Law
Satisfied Customers: 35215
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Ive signed up month of questions because I think

Customer Question

Hi, Ive signed up for a month of questions because I think I need further help. I need to answer her legal team and I dont want to send a response that will screw me up so thought you could help me? She has employed a company called XXXX, a firm of experts but not solicitors. I didnt answer their first letter on Friday as I wanted to find out where I stood. They are now saying that if I do not send them all of the documentation and stand down as administrator that they will apply to the court to have me removed. I cant afford a solicitior so need to answer them myself. Do I just email them and say something like "She may have been acknowledged over time as XXXX daughter but this is only due to her mother saying she is and as we have no legal proof I will not be standing down until a full DNA test has been carried out" Im carrying on my duties trying to get his estate sorted, he has an apartment in spain which i have to sort out etc. I thought as an administrator I had the right to get everything done, as long as im not spending it or givinig it away... They have also said that if they have to apply for court orders to have the estate frozen that I am personally liable for her costs. I thought she was taking on the estate not me?

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** shall do my best to help you.I suggest that you write a formal letter saying that you have received their letter but that since there is no solid evidence that the girl is in fact the daughter of the deceased you do not feel it appropriate to pass over any paperwork, or to stand down as administrator until a DNA test has been completed.Point out that you are aware that as Administrator you are under a Duty to administer the estate in accordance with the Intestacy laws and that accordingly you will hold any and all funds and assets for the benefit of their client IF it transpires that their client is indeed your brothers only childFinally say that in the circumstances their threats are ill advised and mistimed!Please ask if you need further details
Customer: replied 2 years ago.

Thank you that was very helpful.

Can you clarify, what happens under intestency to personal belongings - things of no value such as teddy bears etc?

Also - Do I as administrator have the power to sell small pieces of property and put all the money into a bank account or do I have to leave everything where it is. Im a bit confused about that side as I have to sell his flat so what do I do with all the property in it?

Expert:  Clare replied 2 years ago.
They will belong to whoever inherits the Estate - essentially you or your "niece" depending on the outcome of the DNAGiven that you are aware of the dispute it would be unwise to dispose of anything at all until the DNA results are available