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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26846
Experience:  Senior Partner at Berkson Wallace
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I’m after some advice regarding probate and estate of my

Customer Question

Hello
JA: Hi. How can I help?
Customer: I’m after some advice regarding probate and estate of my late father
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: the Probate has finished but I have some information and I just want to know whe e I stand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my step mother is the administrator
Submitted: 19 days ago.
Category: Law
Expert:  Stuart J replied 19 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 19 days ago.

What do you wish to know please?

was there a Will? are you a beneficiary?

Customer: replied 19 days ago.
Thank you. So the situation is my Father passed away in March 2020 and my step mother begin the process as there was no will. This has now come to an end and the estate has been shared out
Customer: replied 19 days ago.
But my father has a property abroad and this wasn’t included in the estate in the UK. In which my step mother is now claiming the house abroad is her. And wants her share
Customer: replied 19 days ago.
Where do I stand in this? Has she commuted fraud? Can this open the probate back up? Can I use this to stop my step mother in her tracks on the abroad property?
Expert:  Stuart J replied 19 days ago.

The property abroad should have been dealt with along with everything else. Depending on the value of the estate, she may or may not be entitled to some of it because if there is no will, a spouse gets the first GBP270,000 of the estate +50% of the remainder and children get the other 50%.

I don’t know how that fits in with what she’s had and what she has done.

Customer: replied 19 days ago.
She has dealt with the estate over here but hasn’t include the property aboard
Expert:  Stuart J replied 19 days ago.

It depends on the value of the estate what she gets out of it but the fact that it’s abroad is irrelevant.

If she will not let the children have their half or whatever else it is that they are entitled to, then the children have to take her to court to have her removed and have the estate administered by somebody competent.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 19 days ago.
she hasn’t broken any rules not submitting the property as part of my father’s estate?
Expert:  Stuart J replied 19 days ago.

She is in breach of her common-law fiduciary duty but she hasn’t committed a criminal offence if that’s what you’re getting at.

Customer: replied 19 days ago.
Okay, thank you
Expert:  Stuart J replied 19 days ago.

I’m glad to help.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 19 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart