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In november 2007 my mother was placed in a nursing home 5 minutes…

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In november 2007 my mother...
In november 2007 my mother was placed in a nursing home 5 minutes from my home i visited her everyday she died feb 2010. she said there would be money paid to me for all my time , can i submit a bill to the estate for this. Can i submit a bill to the estate.
Submitted: 8 years ago.Category: Australia Law
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Answered in 7 minutes by:
6/23/2010
Solicitor: Peter G., Solicitor replied 8 years ago
Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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You can, but it may not be accepted as a valid debt to the estate. As her daughter, you may have a right to challenge the Will if you have been left out; have you considered this?
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Customer reply replied 8 years ago

for some reason you did not receive all of the posted question

 

I have been my mother's carer since late 2000, as she was low level incapacitated. In April 2004 i move my mother in with me to care for her leading up to her heart operation and cared for her until full recovery later in the year. I gave up my work to attend for her and was registered as her care until she was placed in an aged accommodation. In 2007 my mother was placed in a nursing home 5 minutes from my home I visited her everyday and assisted with her care. I did all of her shopping and when she was admitted to hospital spent time of wok by her side up until her passing February this year. She said there would be money paid to me for all my time; however the current will does not reflect this.

Solicitor: Peter G., Solicitor replied 8 years ago
What State are you in please? Were you in her Will, and if so, do you think you have been adequately provided for?
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Customer reply replied 8 years ago
State Qld, i was not in her will, as a legal care at the time of her operation in 2004 i gave up my work to look after her. Myself and another sister hd drafted up a will in her presence. Only to find out that my elder sister took her away for the week end and did another will which favours all funds going to mums great grand son which is her grand son. Both wills were written just 48 hours of one another but are worlds apart.Her will has superceded mine and has not left funds to my brothers and sisters, has missed the 13 grandchildren and gone start to the great grand son who was one at the time , there is also another great grand child that didint get a mention. My younger sister was there and advised her not to do it that i had gone down the will path. All facts were not present to my mother at the time while she thought she was dying.
Solicitor: Peter G., Solicitor replied 8 years ago
Do you know how much the estate is worth, in broad figures?
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Customer reply replied 8 years ago
after everything was paid we have a balance 25,000
Solicitor: Peter G., Solicitor replied 8 years ago
So, there is a balance of $25,000 after payment of all estate costs? If so, this is hardly enough for you,or others, to make any challenge to the Will, or to challenge the validity of the Will. To answer your original question, the estate could reject your account as it is not a valid estate debt - it would be contended that you provided these services voluntarily. But you should make the claim and see what happens. Please come back if further query.
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