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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43703
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My father has passed away, he didn't leave a will and my brother

Customer Question

My father has passed away, he didn't leave a will and my brother is wanting me to sign papers to make him the executor. My father had a house and my brother has agreed to put all our names on the property.
Then for the property to be sold and money split between myself, 2 sisters and him. My question is how do I make sure he follows through with this and not just put the house in his name after I've signed the papers.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Your brother has to apply for letters of administration and he will be the administrator. Once the court grants this then the administrator can register you both as owners.
Has he appointed a Solicitor or is he going to do this himself?
Customer: replied 1 year ago.
Yes he has a solicitor
Customer: replied 1 year ago.
That's where the papers are coming from
Expert:  Leon replied 1 year ago.
Good Evening
If you have concerns you can contact the Solicitor and he will tell you what they are up to.
They have to advertise before they can file the court application.
It takes time and you are looking at about 3 - 4 months to make sure all documents are collected before they can prepare the paperwork.
Here are the steps that have to be followed. They are the same for Letters of Administration
http://www.courts.qld.gov.au/courts/supreme-court/wills-and-estates-probate/steps-to-follow
But call the solicitor and they will be able to tell you what they are up to?
I hope this makes sense and if there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 1 year ago.
That still doesn't really answer, the question how do I make sure he follows through with the request.
Customer: replied 1 year ago.
Do I need to put down in writing what I've requested and send it to the solicitor or do I need to get my own solicitor.
Expert:  Leon replied 1 year ago.
Good Evening
He cannot do anything without getting letters of Administration.
Being only 2 of you the application has to be that after payment of all costs including court and legal the estate is split between you equally.
He cannot do anything else
Once letters of Administration are granted you will be able to ask for a copy of it to confirm what he has done.
If you do not trust him send a letter to the Solicitor and give him your instructions and agreement between you and your brother and ask that eh confirm that is what he is preparing to file in court.
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon