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Joshua, Lawyer
Category: Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have an interstacy estate query My father died in 2018, he

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hi I have an interstacy estate query My father died in 2018, he had no will and my mother and I (beneficiarys) had an estate lawyer in the UK deal with this. When the estate was divided up my grandmother's house was not sold but only valued. The value put on the break down was lower than it ended up selling for, am I right in thinking that as per law my mother must share the excess (over 250k as per the interstacy break down) with me? And if so do I approach the lawyer who divided the assets to start with
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: UK however I live in Australia, so it's more difficult to get advice.
JA: What documents or supporting evidence do you have?
Customer: I have all of the interstacy estate break down paperwork from the lawyer
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I think I have given everything the actual figures etc can be provided and paperwork

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am sorry to read of the above and please accept my condolences  for your loss. from what you say, your mother who I assume is acting as administrator for your father's estate has not shared the amount received for the sale of the property with you but  has instead paid you monies on the basis of the original probate valuation. Is that correct please?

Customer: replied 15 days ago.
No she has done nothing since the sale of the property. But the initial distribution was done by a lawyer we retained
Customer: replied 15 days ago.
This is the full account, he actually died in 2017. My grand mother's home was not sold at the time (which he owned half of) because it was left for my grandfather to live in until he did not want to any longer, he died in November and the house was worth more than listed on this pdf. It sold for 501k. But no one has contacted me to distribute the 50% excess over 250k my mother should inherit total. Do I contact the lawyer who initially did this?

thank you. If the house was ultimately sold for more than the probate valuation, then precisely as you suggest, your mother if she is acting as administrator would be required to distribute the balance obtained over and above the probate declared value subject of course to deduction of any costs of sale.

If you believe there is a balance owing taking into account the costs of sale, and this is not been paid to you, then you would have a direct claim as against the administrator or administrators of your father's estate which I believe may be your mother from what you say for the balance owed

Customer: replied 15 days ago.
Should I then contact the lawyer who handled his estate as the handled the sale of the home too.

if you are not in direct contact with your mother, then this could certainly be the first port of call. The firm in question may or may not still be instructed in terms of the administration of the estate and if they are, then the primary responsibility to pay the additional settlement figure would be with them

Customer: replied 14 days ago.
Alright that's perfect. Thank you for your help.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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