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My dad aged 89 has died on 27/6/2012 His wife is his executor

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

My dad aged 89 has died on 27/6/2012 His wife is his executor and is an aged care facility but is very with it mentally. She has signed that I am her enduring power of attorney. They own no property and both were on a full pension at Napier Street Aged care facility South Melbourne. When I have sold Dads shares, his cash will be less than $10,000 and Mum is the sole beneficary of his will.
Do I have to do probate on his will. I thought that Mum could just keep the money as it is in both heir names in the bank.
Please advise
mills.elaine.j @edumail.vic.gov.au

 

Optional Information:
State/Territory: Vic

Already Tried:
look on line for documents about probate.

Submitted: 278 days and 19 hours ago.
Category: Australia Law
Value: AU$59
Status: CLOSED
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Expert:  Sydney-Lawyer replied 278 days and 17 hours ago.

Good Evening,


I'm sorry to hear about your loss and I hope that I am able to assist you with your question.

Does your father have any assets in his sole name? can you tell me what those assets are? Is there are also a deposit that is held by the aged care facility in his name?

Customer replied 278 days and 15 hours ago.

No all assests are in cash and in both my Mum and Dads name. There are 720 Singtel shares which aren't worth much and 1600 Telstra shares. I have sent letters to sell these.


They have no property and no deposit at the aged Care facility.The pension pays for the room


The bank accounts are in both names. $7500 in one account $13000 in a fixed deposit account

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Expert:  Sydney-Lawyer replied 278 days and 15 hours ago.

Good Evening


What I suggest is that you write to them all and provide a copy of the will and death certificate.

Advise that the estate is small and in order to save time and costs would they release the assets without probate.

If they agree they will ask you to sign indemnity forms where you agree to be liable if there is a claim against them by a third party.

If they say they want probate then you have no choice

I suspect because it is a small estate that they will not require it.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied 278 days and 15 hours ago.

When you say write to them all, who do I write to? The bank, Birth Deaths and Marriages or a court.


?

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Expert:  Sydney-Lawyer replied 278 days and 15 hours ago.

Good Evening


You need to write to the banks and all other institutions that have assets in your fathers name.

There is no need to deal with the Registry of Births Deaths and Marriages unless you do not have the death certificate yet.

The court is not relevant at this time.

I hope I have made things clearer. If not let me know.

Customer replied 278 days and 14 hours ago.

Thankyou for your answers. I am ready and happy to pay for your advice. Just one more question. I searched the probate court on line and it says that for estates under $50,000 i should visit them in person.


There will be no people coming out of the woodwork for a claim on dads cash. We settled all of his bills 20 years ago when he had a sroke. He owns nothing and owes nothing. Not a bad way to leave the world. My sisters and brothers have been providing a home for them for the last 20 years and I have been managing their affairs for the last 3 years.


The cash is all there is.


So all I have to do is write a few letters to the banks and get them to take off Dads name. Everything will be in Mums name so it will be all hers.


Thanks for your help

Accepted Answer

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Expert:  Sydney-Lawyer replied 278 days and 14 hours ago.

Good Evening


That is correct. That is what all Solicitors do to ascertain how much they actually have and ask their requirements.

If they all come back with not requiring probate they will also send you what you need to sign to release the funds to you.

It is a simple process.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.


Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16667
Answered: 7/10/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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