Letters Of Administration Ii

[kvalidir]

Hi sorry for all the LOA questions but, if a solicitor obtained letters of administration on behalf of two brothers one of whom then dies himself who actually administrates the intestacy? The solicitors have done nothing for 10 years. The father died in 2004 leqaving an estate in excess of £250,000. Brother A is still alive and doing nothing, brother B died before anything was settled about the estates but has two sons. his mother then died after him, again intestate. Can letters of administration ever be 'inherited' so that one of these two sons could deal with the matter as neither the solicitors nor the remaining brother will do anything regarding this as it is not in their interests but it is in the interests of the two sons. Many thanks in advance.

[Buenchico]

There's nothing in your post about whether B left a will or whether he also died intestate (and, if so, whether anyone has sought a Grant through Letters of Administration). The amount due to B under the intestacy rules (or under his father's will if Letters Of Administration had to be sought because the executors of that will were unable to act) forms part of his estate. Whoever obtains a Grant in respect of B's estate (whether that Grant be in the form of Probate or Letters of Administration) is entitled to call in the assets of that estate, including B's inheritance from his father.

So seeking a Grant in respect of B's estate would seem to be the first step here.

[kvalidir]

Hi thank you Chris, B did indeed die intestate. It gets more complicated from here. He had a wife who inherited everything ( but nothing was present at the time as she was unaware he had technically inherited anything when his father died as nothing has been dealt with)- tragically she too died intestate a month later and her son gained probate for her estate ( but he was unaware of his father's inheritance because his father had received no money from his own father's estate as this is in the form of a large farm).The son wound up his mother's estate being completely unaware that there is very much more to it until a week or so ago when all this came to light. Where on earth does he go from here as the solicitors are being very hostile and his uncles clearly don't want the farm sold so are not co-operative either. Can he re-open his mother's estate (probate) because she ultimately would have been the one to inherit his father's inheritance (B) from his father's death, and of course he inherits in his father's right from his grandmothers estate which is another matter.
Sorry this is so complicated Chris and thanks for your help so far.

[Buenchico]

It might be worth B's so having a word with the Probate Office that he dealt with. They're not meant to give legal advice but if he simply says "I filled in the papers in good faith but I've now discovered that there were assets that I knew nothing about - what must I do about it?", they might at least be able to point him in the right direction.

Ultimately though I feel sure that he's going to need the services of a different solicitor.

[kvalidir]

Point just brought to my attention- as this chaps parents had joint bank accounts when his father died his mother didn't get probate she just withdrew the money- so no probate issued for B at all, but there was for B's wife.

[kvalidir]

Hi chris thanks again. Yes we feel a different solicitor is in order as well as this lots are acting very shady. I'll pass on the info and thank you very much for taking the time to answer.