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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My husband & Iegally adopted 2 girls from Asia. We

Customer Question

My husband & Iegally adopted 2 girls from Asia. We brought them to Australia in a different Visa "Preferential Family Class 104" because the Australian Immigration didn't recognised the overseas adoption as their parents were still alive at that time. The girls came her at the age of 10 in 1993. We cared & looked after them as our own children. One girl is now registered Nurse while the other girl is in Business Finance with the CBA. We gave them $30,000.00 each towards deposit to buy their own unit.
My Husband & I got married in 1988 & he passed away last December 2014. He left a WILL stating that if "wife" survived she will inherit everything, but if we both died everything will go to our 2 girls. Also, he left me the power of Attorney to act on his WILL. I gave $8,000.00 each to our 2 girls after my husband passed away.
Sometime this week, my Solicitor told me that he received documents from our 2 girls lawyer wanted to claim some money from my husband's estate that he left me. I found out that one of our daughters purchased a second property with her new husband & also our 2 girls purchased an apartment overseas on their own which they kept secret.my questions are:
Where do I stand from all these mess?
what rights they have to claim some money & how much?I cannot afford to go though court. Is their a way to solve this mess without court. I gathered they will not backdown so I decided to stand as their mother to solve this mess.Please kindly advise me how to turn this mess around to make sure our girls cannot claim a cent?Thanking you.I am 52 years old, not working & my only income is from the rental property which is under $60,000.00 per annum less expenses. Additionally, I pay my own council rates, electricity bills, water rates & car, house & contents insurance.
one of our daughter who is now a registered Nurse earns over $100,000.00 a year while the other one is earning more likely same amount of money.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

They are out of time and they cannot make a claim.

What state are you in and when did you get probate of the will?

Customer: replied 1 year ago.
Thank you for the response. My state is NSW. I have no records of the probate but I'm certain it was submitted sometime February 2015. I closed the Cheque Account that paid all my solicitor's expenses because their was no money left. I will go to the bank & try if I can have the transactions printed from this Cheque account. Thank you & I appreciate your help.Cristy
Expert:  Leon replied 1 year ago.

When did he pass way?

You would have signed an application with your Solicitor for probate of the will.

Do you recall signing any court applicaitons?