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Answered in 8 minutes by:
10/31/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening.
I am sorry to hear about what has happened. Before I can assist you further can you please provide me with answers to the following questions
1. Did he leave a Will and are you a beneficiairy in that will?
2. Who did they tell you his superannuation with be paid out to?
3. Do you own the house as joint tenants?
4. Are you living in the house?
Good Evening
I would not listen to what they tell you.
A former spouse is eligible under the succession laws and they override the rules of super.
You can challenge them in the Superannuation Complaints Tribunal and you should also get more detailed advise form a Solicitor that practices in succession law.
Contact the law society of QLD and get a referral.
http://www.qls.com.au/Home
The superannuation tribunal website is as follows
http://www.sct.gov.au/
You have a right to a share and then you can use it to pay the mortgage. Also have a look at the deed and see if your daughter can have it as a lump sum.
I hope this is of assistance
If you have any further questions please do not hesitate to contact me.
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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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