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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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I need some advice on probate of my Aunt's estate. The final

Customer Question

I need some advice on probate of my Aunt's estate. The final cost is around about $10,000 dollars that neither myself as Executer of the estate nor my brother who is on a disability pension have. My Aunt has only $1000 in the bank which we are using to pay any bills which come in. She has no other assets worth any money . I am married with 3 teenagers at home , a mortgage, a personal loan, no savings, and my husband is the only income. How do I find the money to pay for this? We have 30 days to respond to my Aunt's lawyers who also have fees . I am worried sick. Could you please offer some free advice ?
JA: When we are ready I'll take you to the appropriate web page. The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: ok
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NSW Illawarra
JA: Has anything been filed or reported?
Customer: The Notice of Intended Application for Probate has been published with the Supreme Court on 6 Sept
JA: Anything else you want the lawyer to know before I connect you?
Customer: I cannot afford a large fee for the lawyer
Submitted: 2 months ago.
Category: Australia Law
Expert:  Patrick H. replied 2 months ago.

Can you explain who the executor is and how it came about that $10,000 was spent on probate if your Aunt has no assets?

Customer: replied 2 months ago.
I am the Executor and one of the two beneficiaries (my brother and I). The estimate of $10,000 issued to me by the solicitor with whom my aunt registered her will, relates to all legal costs for services provided by their firm and the courts to complete the probate process. The 'asset' in question is her home/property which is the subject of probate. The total of $10,000 is made up predominantly of court-applied stamp duty (approx. $8,000) on the transfer of ownership of her property, due to it's market value.
Expert:  Patrick H. replied 2 months ago.

Sorry, what transfer of property, from your aunt to the beneficiaries under the will? Or something else?