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I have applied for early release of my superannuation. My
I have applied for early release of my superannuation. My supa fund is AMP they merged accounts and placed my funds in another account without closing the previous account. When I contacted the ATO in… read more
John Melis
John Melis
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Bachelor's Degree
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QLD... My father in law passed away in January and we have
QLD... My father in law passed away in January and we have been unable to locate his will... my sister in law has put in a claim for his super and life insurance. My father in law has 2 biological children plus a step son (my partner). My father in law was never married to my partners mum but has been in his life since he was a young boy. My father in laws wishes were that his estate be split between his 3 children equally. However without the will we have been told that my partner will not be included in the super or life insurance claim. His siblings are agreeable with my father in laws wishes and want to include my partner in the inheritance. Do you know if there is any way we can do this please? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Mate. My mum passed nine months after retirement and I'm
my mum passed nine months after retirement and I'm trying to help dad finalise her super her last Hesta annual report states mum had two units of death cover at about $34k each but the insurance for the super company says she only has one unit at$17k, I was under the belief that her coverage continues for a twelve month period after retirement and we live in Tasmania, what do I do? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Superannuation. NSW. Sadly my brother passed away intestate
Sadly my brother passed away intestate October 2020.Application from beneficiaries (for there registered share) to the superfund have been lodged because his ex wife with 2 dependent children is applying for the whole Super and Death Benefit , not just her portion. We have engaged an estate solicitor to aid us with Letters of Administration and forming an estate to repay debts and disburse the residue equally between 1 adult child and the 2 minor children(as trust set ups for when the become adults).This was his spoken wishes to the family and and a family friend. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
A Filipino friend is very distressed by the fact that she
Hi Pearl. A Filipino friend is very distressed by the fact that she only received $15,000 from her late, estranged husband's Superannuation fund. She's an Australian Citizen and she and her husband ma… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
My husband Jamie passed away. Jamie had 3 super / life
My husband Jamie passed away. Jamie had 3 super / life insurance death benefits. One being a commonwealth super. Jamie had a will stating I was the beneficiary. I was also the nominated beneficiary. H… read more
Leon
Leon
Solicitor
Master's Degree
51,903 satisfied customers
My children have been named as beneficiaries in their late
Hi. My children have been named as beneficiaries in their late fathers life insurance policy, but only one of them has been offered money from that policy. Should both children receive equal amounts? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
I recently lost my Son aged 33, he has 10 different supers
I recently lost my Son aged 33, he has 10 different supers that he did not roll over, he never left a will. I am his Mother and his next of kin. what happens to the super after death as he did not hav… read more
Leon
Leon
Solicitor
Master's Degree
51,903 satisfied customers
There is a death benefit in question and a owed child support
There is a death benefit in question and a owed child support debt can this debt be taken out of my childrens percentage of the benefit.. I have a statement that is worded as such.. this amount is pay… read more
Leon
Leon
Solicitor
Master's Degree
51,903 satisfied customers
smsf ...deceased husband leaves Notice to the trustee by member,
smsf ...deceased husband leaves Notice to the trustee by member, notice is dated and signed 8/1/98 ( not updated since then) husband names 4 children and wife as beneficiares (equal shares.) Wife is a… read more
Leon
Leon
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Master's Degree
51,903 satisfied customers
I am currently separated from my husband of 20years 5mth and
I am currently separated from my husband of 20years 5mth and he went to a lawyer and they want to know everything that has been contributed to the house from the day we married. Isnt there a cut of po… read more
Patrick H.
Patrick H.
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My 42 year old son David Michael Scanlon has died leaving a
My 42 year old son David Michael Scanlon has died leaving a De Facto wife of 11 years and a six year old son from their marriage, both who are very much a part of our extended Scanlon family. He has n… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
A worker (my son) diagnosed with a terminal illness, supported
A worker (my son) diagnosed with a terminal illness, supported by Drs letter and is applying to Centerlink for a diability pension but has not terminated his place of employment due to; 1. He is worri… read more
Leon
Leon
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Master's Degree
51,903 satisfied customers
What are the rules involved with superannuation splitting.
What are the rules involved with superannuation splitting. I do not contribute to my super and my employer pays in 12% monthly and has done for 20 years. My wife also does not pay in to her scheme and… read more
Advocate
Advocate
Master's Degree
350 satisfied customers
Extract from find legal answers....Life insurance....the proceeds
Extract from "find legal answers....Life insurance....the proceeds of any life insurance policy of the deceased are protected from payment of estate debts except for funeral and testamentary expenses … read more
Brisbane-Lawyer
Brisbane-Lawyer
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Master
14,357 satisfied customers
My defacto of 2 1/2yrs passed away recently he had left provisions
My defacto of 2 1/2yrs passed away recently he had left provisions for his two children in NSW with his sister as executor. He also set up a super policy naming me as benificary here in WA, they are n… read more
Leon
Leon
Solicitor
Master's Degree
51,903 satisfied customers
HI, i am in need of some advice. My sister passed away a month
HI, i am in need of some advice. My sister passed away a month ago with no will etc.. and subsequently amongst her belongings i found she had a death benefit through her superfund. The beneficiary on … read more
D. Coleman
D. Coleman
Solicitor
Bachelor's Degree
795 satisfied customers
Australian Family Law question - When working out my settlement,
Australian Family Law question - When working out my settlement, can I include my ex's 25% of an investment house that is in a self managed superfund which sits in his mother's testamentary trust? His… read more
D. Coleman
D. Coleman
Solicitor
Bachelor's Degree
795 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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