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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5138
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Thank you. I'm in South Australia. My mother has just

Customer Question

Thank you. I'm in South Australia. My mother has just recently passed away and she lived with my step father. He is the beneficiary of mums estate. The house is in my stepfathers name only. I am an executor of mums will as is my step brother. My stepfather and step brother have changed the locks to the house and they only have keys. As an executor and the fact all mums possessions are in the house, am I entitled to a key? Also, us, as mums children, are we allowed to make a claim on mums will and our stepfathers? Many thanks :)
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sure, South Australia, Australia
JA: Has anything been filed or reported?
Customer: I'm just waiting on a copy of my mums will to come through the post, hoping to receive it tomorrow. My step father is being awful and saying that he gets everything of my mums and her 3 children get nothing. And when he passes, everything goes to his 2 sons, so us 3 kids miss out completely
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there a cost involved? Sorry, I thought this was just a place where I could ask a question, but no nothing else.
Submitted: 4 months ago.
Category: Australia Law
Customer: replied 4 months ago.
They were married for 16 years and together for another 2 prior to marrying
Expert:  Daniel replied 4 months ago.

hello

Well, no.
As the beneficiary, the stepfather gets everything as he is the beneficiary.

If there is anything in the will suggesting that you will be entitled to anything, then that is what you will be entitled to.

You can make a claim yes, but at the end of the day, he is the partner, been together 18 years, it would be hard to argue against. Sadly your mother should have put in place a will to allow the children to benefit.

I wish I could give better news.

I wish to help you in this situation.

Expert:  Daniel replied 4 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 4 months ago.

Hello
I note I still have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 4 months ago.

Hello
I note I still have not received a response?
I wish to help you in this situation.