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ReadyLaw, Lawyer
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Quick question re probate law. If a person dies instate and

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Hi, quick question re probate law. If a person dies instate and had 2 underaged children from two different relationships whose mothers are not entitled to the estate but would act as guardians, do both of them have to apply for letters of administration or is it enough if only one applies? Can one of them make the process impossible if she doesnt want to sign the application but will not give up the right either?
JA: Estate laws vary by state. What state are you in?
Customer: London
JA: What documents or supporting evidence do you have?
Customer: death certificate, birth cert of one of the children
JA: Anything else you want the Lawyer to know before I connect you?
Customer: can someone else apply, e.g. decessed sister if they can't come to an agreement?
Customer: replied 1 year ago.
also with regards ***** ***** deceased possessions that are in the house he owned as joint tenants like expensive tools, paintings, server and other objects he bought - say outdoors fireplace or so when cohabitating with his ex partner, does those come automatically with the house she takes over after him? Can she refuse to include it in the estate? Can we demand her to let us in? The deceased has been separated from his partner for about 6 months before his death and was unable to collect the things because of an occupational order.

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Good day your question has been forwarded to me to see if I may be able to assist

Only one person may apply for Letters of administration. That person would then divide the estate in accordance with the law. To allow for things to be resolved amicably it may perhaps be best for the sister to apply.

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Customer: replied 1 year ago.
Ive read online and contacted a several solicitors and had 2 different kinds of information. One stated that any next of kin can do it but other stated that it has to be a person that has a claim to the estate. The sister doesn't as there are 2 surviving children. We were told that both mothers have to apply. Are you definitely sure that sister can do it?
Please could you reply to the querry re possessions in the house. Unsure of how to determine the value of the estate without being able to see the things that the deceased owned...and on the application for the papers of admin one has to put an approx value of the estate.

I am unable to comment on what another Solicitor may have said to you as I was not privy to the conversation.

1. With respect to the sister applying: Where minors are involved, a parent may apply for letters of administration (LA). Alternatively, a statutory guardian, or any guardian appointed by a court can apply for letters of administration. As such, an application could be made for the sister to be appointed as a guardian for these purposes and apply for letters of administration on the minors behalf. ( see para 32 of the below attachment)

2. Two parents applying for LA: Where two persons are entitled to LA in the same degree, if it cannot be agreed that one person applies for LA, then a special application would have to be made to the court for two persons to be so appointed. I do not believe this is necessary and would be a time consuming and expensive task. Ordinarily one person would be appointed and that person would act in the best interest of the beneficiaries to the estate. ( see para 27 of the below attached link)

3. Possession in the house that is held as joint tenants would pass automatically to the surviving tenant. If they were owned solely by him, then you may speak to this person to be allowed access to them. If they refuse, then you would have to go court for an order allowing you access. The difficulty you will find here is that you would have to be able to identify what it is that you are claiming an entitlement to. So, for example, if you are saying he has tools there you would have to be able to identify what tools specifically and that he is the owner of those tools. You cannot demand that she lets you in, you would have to have an order from the court specifically allowing you access.

Customer: replied 1 year ago.
Thank you! That explains alot. Cant see the attached link though.
Customer: replied 1 year ago.
do the mothers have to agree for the sister to be appointed as quadian?

My apologies. Here is the link as promised.

The mothers may agree to this.

You are welcome. I am happy I was able to help

Customer: replied 1 year ago.
Thank you again. I am the sister of the deceased and myself and one of the mothers would like to apply jointly. Would you be able to direct us to the examples of documents we have to fill in? Or would you rather advice the use of a solicitor? The estate is not big and maybe even likely to be insolvent therefore we would like to save as much money as possible and do it ourselves.

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ReadyLaw, Lawyer
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