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My father passed away in October 1999 in Adelaide. My elder…

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My father passed away in...
My father passed away in October 1999 in Adelaide. My elder sister is sole executer of my fathers estate. My father for decades collected first day edition coins and stamps, which are in my sisters posession. My father stated that he wanted his possessions sold and divided between his three daughters. When my mother passed away in 2007 in Adelaide, I again requested and was finally given a copy of my fathers will. Please advise what steps I need to take to have my fathers wishes carried out. Shortly after my mother's passing my neice Jessie advised me that her mother would attend to my father's will when she was feeling better.
My mother made me and my elder sister's daughter Jessie, co-executers of her will. My daughter and Jessie are the main benificiaries of my mothers estate.The balance of my mothers 2 bank accounts are to be shared equally between my daughter and Jessie. Jessie has refused to return the required paperwork to finalize one bank account. The Bendigo Bank did agree to finalize that account after I and they were unsuccessfull on a number of occasions in getting Jessie to comply in returning the required paperwork. Jessie and her mother were estranged from my mother for some time before my mother passed away suddenly. I have been unable to contact my sister and her daughter by phone for some time. Jessie has the proceeds of the auctioning of my mothers house-hold goods which were to be divided between her 3 daughters. Please, what steps do I need to take to finalise my mum's will? I have been able to carry out some of my mother's wishes, the scattering of her ashes, and am very keen to finalize her will. I am very grateful for any help you are able to give me. I am not sure if my sister, Julie Anne Spicer d.o.b. 27th January 1950 is still living in Adelaide. At my mothers funeral she spoke of moving to Melbourne where Jessie was living at the time. I have flown to Adelaide from my home in Perth on a number of occasions to carry out my mother's wishes at my own expence and am not in a possition at present to make any more trips.
Submitted: 7 years ago.Category: Australia Law
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Answered in 5 minutes by:
4/25/2011
Solicitor: Leon, Solicitor replied 7 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,274
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good Afternoon,

Are you trying to do this without Probate?
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Customer reply replied 7 years ago
Yes, I have been advised that probate is not neccesary.
Solicitor: Leon, Solicitor replied 7 years ago
Good Evening

If the other Executor will not sign the documents to permit you to have the money released you will have no option but to apply for probate and seek an order that the other executor be removed.

If there is property you will need to get probate.

I hope this is of assistance and if so please click on the accept button.
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Customer reply replied 7 years ago

What does it mean to apply for probate and how do I do this? There is no real estate property involved. How do I seek an order to have a new executive for my father's estate? If I need to advise my sister of my intension to do this how much notice do I have to give her and what do I need to state in the letter?

Where do I go to apply to have my co-executer removed ? Am I required to give her notice in writing before I do this?

Solicitor: Leon, Solicitor replied 7 years ago
Where did your mother have her assets and where did she die?
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Customer reply replied 7 years ago
Mum died in her housing trust unit in Adelaide. 2 bank accounts, one with the commonwealth bank.Her funiture was auctioned, my neice has the proceeds of that. I hold my mother's death certificate
Solicitor: Leon, Solicitor replied 7 years ago
Good Evening

What exactly does the bank want you both executors to sign?


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Customer reply replied 7 years ago
claim for assets held on behalf of deceased customer form which includes a stat dec
Solicitor: Leon, Solicitor replied 7 years ago
Good Afternoon,

Do they want this signed by the Executors or can the beneficiary that is receiving the money sign?

Usually the beneficiary who receives the money has to sign the indemnity.

This way you can by-pass the other executor.

You should contact the bank and ask the question.

I hope this is of assistance and if so please click on the accept button.
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Customer reply replied 7 years ago
where do I go to seek an order for a new executor for my fathers will? How do I apply to have my neice removed as co executor for my mothers will?
Solicitor: Leon, Solicitor replied 7 years ago
Good Morning

You need to file the application with the Supreme Court of South Australia

http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s34.html

You should take the matter to a Solicitor to property draft the affidavit in support as in your case probate is not required only an order that you can act on your own.

I hope this is of assistance and if so please click on the accept button
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,274
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Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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