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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4572
Experience:  Dip Law LPAB - Sydney based lawyer
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my mother passed away in 2005/2006? with proceeds of her estate

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my mother passed away in 2005/2006? with proceeds of her estate split between 3 people one of the parties lived overseas. a cheque was sent to the third party but was never received. I was named co executor but had no dealings whatsoever with distribution of funds. The other executor apparently was followed up to see where funds were and to reclaim monies. I've now been contacted and i believe they are trying to claim monies from me when i had nothing to do with fund disbursements or was even aware of this ongoing drama. What are my rights in this case?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
Hello and thank you for your question.

As the executor or co executor your responsibility is to see that the estate is duly administered and this includes ensuring that it is distributed once probate is obtained.

If it is simply the case that a check has gone missing in the mail, then the funds in question should still be sitting in the bank account and your only obligation is to take steps to reissue the check, either directly or by arranging it with the other executor.

They certainly cannot sue you unless you have been negligent in some way in the way you have managed the estate, and nothing you have said indicates that.

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Thank you and good luck.

Patrick

Customer: replied 1 year ago.

ok fair enough however I've now been contacted by a process server out of the blue in regards XXXXX XXXXX matter and i believe there is a solicitor involved. should i seek legal advice or let the matter run its course. as the funds were distributed so long ago and I've moved 4 times since then I dont know where to begin


cheers

Expert:  replied 1 year ago.
You are served with legal documents by a process server, then you cannot just ignore everything. If the check was lost that means the estate has not yet been distributed, and you still have a duty to make sure that happens. If you don't have records yourself, you should still be able to track down the information from the other executor and/or the solicitor who acted.

It would seem therefore that you should contact the other executor and/or the lawyer who dealt with the probate application, as they should both know. If the check was never cashed then the money should still be there, and is all that needs doing is for a check to be reissued, which hopefully will resolve the matter.

In the meantime I would suggest that you contact their lawyer, explain that most of these matters were dealt with by the other executor and ask them to hold off on any action until you can make the necessary inquiries.

Please rate my answer so I can be paid by the website operator.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick


Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4572
Experience: Dip Law LPAB - Sydney based lawyer
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