Two persons died intestate one on 31 July 1975 and on November 1976 respectively. The first was survived by a wife and three kids, the other was survived a husband and 9 kids. Can you please advise succession inheritance relating to these persons who died in New South Wales.Thank you.Pauline Cassar
State or Territory: New South WalesWhat have you tried so far?: Searched on line
No this is not an assignment, but a real life situation to settle sale of a property overseas in which the deceased had a share of the inherited property. The majority of the inherit ants live in Australia.Pauline
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.
I am sorry, but that is not an answer. The written English is terrible considering it is being provided by a legal person. The response referring me to a website is not good enough as I could have done that myself.Please tell me in plain English what the law in N.S.W. provided for in terms of succession inheritance where the deceased left no will.Thank you.Pauline
You left it to another solicitor to deal with. I have not heard anything further. I will provide my rating when I receive that response.Thank you.Pauline
Relist: Answer quality.Poor English. Referring me to a website is no answer. I could easily look up websites, like I did to find your service.I was looking for a clear answer not a reference to a website.
Yes please Alex. But is this going to result in additional cost considering I did not get a decent response from the first respondent?Pauline
No, it will be no additional cost to you.What you will need to do here is apply to the Court for a special order called Letters of Administration.However, as both these people died 35 years ago, what happened with their estates in those three decades?
Thank you for your response. Their estate was distributed in accordance with the law sometime after their demise. they both died intestate.However, some property (no allowance made for this in the distribution of the estate) is being sold overseas in which they or their children have an entitlement. The purchaser's solicitor overseas wants to know who inherits their share as they were still alive when the owner passed away in 1970's.I trust that this is clear.RegardsPauline
Well, there is a problem. The estate should have been wound up long ago, and that includes the sale of this property. At the very least the ownership of the property should have been transferred to the beneficiaries.So the best, XXXXX XXXXX much only place to start here is to go to the Supreme Court of NSW registry and see if they can pull the file out of archives. But in terms of the rules of intestate distribution, an estate first goes to a spouse. If there is no spouse, to the children. If there are no children, to the deceased's parents. If they are no longer around, then to the nieces and nephews of the deceased.Should you have any other questions, please let me know. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
AlexYou told me that there was to be NO additional cost, yet I was charged an extra $48. Why?Pauline
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).